Everett v. Yopp

On Plaintiffs’ Appeal

WlNBORNE, C. J.

In the main plaintiffs assign as error the action of the trial court in setting aside and vacating the judgments of voluntary nonsuit taken by plaintiffs before the Clerk of Superior Court of Onslow County in the actions against King and Hansley, and in abating these two actions.

In this connection it is provided in G.S. 1-74-1 that “No action abates by death * * * of a party * * * if the cause of action survives, or continues”; and “in case of death * * * the court, on motion at any time within one year thereafter, or afterwards on a supplemental complaint,…