Wilson v. Chastain

When a personal representative sues for damages for the wrongful death of his decedent, he must allege and prove that his action “is brought within one year after such death.” G.S. 28-173. This is true because the statutory requirement that the suit must be commenced within that time is not a mere statute of limitations, but is a condition annexed to the cause of action itself. By this it is meant that the right given by the statute is one to sue within the specified period, and not thereafter. McCoy v. R. R., 229 N.C. 57, 47 S.E. 2d 532; George v. R. R., 210 N.C. 58, 185 S.E. 431; Curlee v.…