JF the executors of the plaintiff (dying during the pendency ®f his suit) will not apply within two terms after his death, computing from the day of his death, and not from a suggestion entered by the defendant, the cause will abate, and the defendants be discharged from further attendance ; but if after this the executors apply to be made parties by a sci.fa. or notice served on the defendants, and they do not oppose it, and the plaintiffs be made parties by order of the court, it will be to® late afterwards to move for an abatement, but the cause shall be tried.
Anonymous, 3 N.C. 66, 2 Hayw. 66 (1798)
Sept. 1798
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North Carolina Superior Court
3 N.C. 66, 2 Hayw. 66