As the Complainant is dead and his estate is not yet represented, this cause cannot be heard for tiie purpose of procuring any decree upon the merits. The motion must be disallowed.
Hill v. Jones, 5 N.C. 211, 1 Mur. 211 (1808)
July 1808
·
Supreme Court of North Carolina
5 N.C. 211, 1 Mur. 211
Hill v. Jones.
- From Franklin. J
Complainant obtained an injunction, and died before the heaving of the cause. No administration being had on1 his estate, and Defendant having put in Ms answer, moved that it be read, and the injunction be dissolved. Motion overruled.
Hill filed a bill in the Court of Equity for Franklin County, and obtained an injunction to stay proceedings upon a judgment recovered against him by Jones, in Orange Superior Court of Law. Jones put in his answer ; but before the hearing of the cause, Hill died intestate 5 and no administration being had on his estate, Jones’s counsel moved, that his answer be read, and the injunction be dissolved. This motion was sent to this Court for the opinion of the Judges.