Sawyer v. Cowell

The appellant concedes that the attempted service on Y. S. Cowell as administrator of the estate of Sue D. Cowell was a nullity and, therefore, totally void. He contends, however, that Y. S. Cowell is the real party in interest and should be made the party defendant by proper amendment since he acquired the locus in quo with full knowledge of the pending litigation.

It is provided in G.S. 1-74 that, “No action abates by the death, or disability of a party, or by the transfer of any interest therein, if the cause of action survives, or continues. In case of death, except in suits for penalties…