Coggins v. Elythe
Supreme Court of North Carolina
This aotioN was commenced by summons issued March 9, 1878, returnable to Spring Term, 1878, of Northampton Superior Court, in the name of tire State of North Carolina on the relation of Mary L. Coggins and husband, K. R. Coggins, Thomas C. Harris, Martha Harris and Addie Harris, as plaintiffs, against the defendants. The action was referred to R. 0. Burton, Esq., as referee.
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This aotioN was commenced by summons issued March 9, 1878, returnable to Spring Term, 1878, of Northampton Superior Court, in the name of tire State of North Carolina on the relation of Mary L. Coggins and husband, K. R. Coggins, Thomas C. Harris, Martha Harris and Addie Harris, as plaintiffs, against the defendants. The action was referred to R. 0. Burton, Esq., as referee. After several hearings before said- referee, and before ho made his report, Martha A. Harris and T. C. Harris died— the former in 1882 and the latter in 1883 — and it was admitted before said referee, at a hearing on the…
1Opinion of the Court
MacRak, J.:
The action did not abate upon the death of the two plaintiffs, Thomas C. and Martha A. Harris. The *277cause remained upon the docket and was proceeded with at the instance of the surviving plaintiffs, whose rights have now been determined. There being no personal representative of the deceased plaintiffs, no motion was made within a year after their death to continue the action as to them. It was within the power of the defendants at any time after their death to have applied to the Court to have the action abated as to them unless proper parties were brought in, but as this was not…
2Cases cited2 opinions
- Moore v. North Carolina RailroadSupreme Court of North Carolina · 1876
- Baggarly v. . CalvertSupreme Court of North Carolina · 1874