Tate v. . Morehead
Supreme Court of North Carolina
Original attachment, tried before Tourg.ee, Jat Spring Term, 1871, of Guilford Superior Court. The plaintiff issued an attachment against one James W, Burrows, for a debt due, and owing by the said Burrows, to plaintiff, and returnable to Fall Term, 1866, of the Superior Court of Law of Guilford County, and a garnishment against the late Hon. John M. Morehead.
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Original attachment, tried before Tourg.ee, Jat Spring Term, 1871, of Guilford Superior Court. The plaintiff issued an attachment against one James W, Burrows, for a debt due, and owing by the said Burrows, to plaintiff, and returnable to Fall Term, 1866, of the Superior Court of Law of Guilford County, and a garnishment against the late Hon. John M. Morehead. At the return term of said process, the Sheriff returned the same endorsed “Executed May the 8th, 1866, bj summoning John M. Morehead as garnishee.” At the return term of the attachment and garnishment, the death of Mr. Morehead was…
1Opinion of the CourtPearson, C. J.
The proceeding was commenced under ihe old mode of procedure, and must be considered without reference to C. O. P.
“ Actio personalis moriiitr cum ^persona ” is a maxim of the ■common law. The action abates by the death of either plaintiff or defendant. When the matter originated in contract, the cause of act/ion still existed; and another original writ could be purchased, and another action, brought by or against the executor or administrator of the party dying, except in the actions of account and debt on simple contract, for tbe reason that the subject of the action was peculiarly within…
2Cases cited1 opinion
- Holmes v. Sackett, Belcher & Co.Supreme Court of North Carolina · 1868
3Cited by2 opinions
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- Rankin v. . Minor, Adm'r.Supreme Court of North Carolina · 1875