Collier v. Bank of Newbern
Supreme Court of North Carolina
After this cause was remanded, at June term, 1834, (see 2 Dev. Eq. Rep. 525), to the Court of Equity for Wayne County, it was continued in that Court until the Spring term of 1835, when the death of the plaintiff was suggested.
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After this cause was remanded, at June term, 1834, (see 2 Dev. Eq. Rep. 525), to the Court of Equity for Wayne County, it was continued in that Court until the Spring term of 1835, when the death of the plaintiff was suggested. At the ensuing Fall term, it was ordered that the injunction, which had been granted upon the failing of the bill, should stand dissolved unless the administrators came in as parties at that term; whereupon the following decree was made, viz: “ In this cause the complainant having died before the last term, and his death having been at said term suggested, and the…
1Opinion of the Court
Ruffin, Chief Justice.'
The question in this case is rather one of practice, than of principle. The case of Jones v. Hill, 2 Murph. 131, decided that the sureties in an injunction bond are liable under the act of 1,800 (Rev. ch. 551) upon a dissolution of the injunction, decreed for the want of prosecution, caused either by the negligence or death of the plaintiff, as well as when the decree is founded on the merits. The objection here is to t he time and manner of proceeding against the surety. The act of 1810 (Rev. ch. 794,) provides, that when ap injunction is dissolved, the bond may be…
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