Moore v. North Carolina Railroad
Supreme Court of North Carolina
Civil Action, tried before Scheuak, J., at Spring Term, 1875, of CabaRRüs Superior Court. Tbe action was commenced in the name of W. P. Moore to recover tbe value of five bales of cotton, and was prosecuted in bis name until Fall Term, 1875, wlien the death of the plaintiff was suggested upon tbe record. At July Term, 1873, on motion of the plaintiff’s counsel, J. H. Carmer was made a party plaintiff.
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Civil Action, tried before Scheuak, J., at Spring Term, 1875, of CabaRRüs Superior Court. Tbe action was commenced in the name of W. P. Moore to recover tbe value of five bales of cotton, and was prosecuted in bis name until Fall Term, 1875, wlien the death of the plaintiff was suggested upon tbe record. At July Term, 1873, on motion of the plaintiff’s counsel, J. H. Carmer was made a party plaintiff. Afterward tlie defendant was upon motion allowed to file a supplemental answer denying that Carmer was the lawful administrator of the original plaintiff, and setting up a counter-claim against…
1Opinion of the Court
ByNüm, J.
The death of the plaintiff, Moore, was suggested at Fall Term, 1872, and at Spring Term, 1873, Carmer was made plaintiff, as the administrator of Moore, and the- case so stood upon tbe docket until the Spring Term, 1875. The defendant, at that Term, moved that the action be abated, because Cir.uer was not the administrator, and there was no party plaintiff. This motion was met by a counter motion of the coaansel of Carmer, to amend the record nuncpro tunc, by making Carmer the plaintiff as assignee of Moore; instead of administrator. In support of this motion an affidavit of the…
2Cited by4 opinions
- Lord v. . BeardSupreme Court of North Carolina · 1878
- Coggins v. . FlytheSupreme Court of North Carolina · 1894
- Coggins v. ElytheSupreme Court of North Carolina · 1894
- Murrill v. . HumphreySupreme Court of North Carolina · 1883