Moore v. . Moore
Supreme Court of North Carolina
Appeal from Joseph 8. Adams, J., May Term, 1909, of HeN-DERSON. Civil action, to recover possession of a piece of land. Summons in tbe action was issued 18 August, 1902, by W. B. Moore, present plaintiff, against A. Q. Moore and wife, L. B. Moore, grantors in tbe deed to A. C. Moore. Some time in 1906, tbe precise time not stated in tbe record, tbe death of A. Q. Moore was suggested and an order -was made tbat bis beirs at law be made parties defendant.
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Appeal from Joseph 8. Adams, J., May Term, 1909, of HeN-DERSON. Civil action, to recover possession of a piece of land. Summons in tbe action was issued 18 August, 1902, by W. B. Moore, present plaintiff, against A. Q. Moore and wife, L. B. Moore, grantors in tbe deed to A. C. Moore. Some time in 1906, tbe precise time not stated in tbe record, tbe death of A. Q. Moore was suggested and an order -was made tbat bis beirs at law be made parties defendant. No process was issued or notice given under this order; and at November Term, 1907, an order was entered tbat notice issue or action abate at…
1Opinion of the Court
Hoke, J.,
after stating the case: Under our statute (Revisal, sec. 415), where the right survives, an action does not abate by the death of a party, except by order of the court (Burnett v. Lyman, 141 N. C., 500); and while we have held in Rogerson v. Leggett, 145 N. C., 7, that a failure of tbe court to make such order for a period of eight years or more, and when there was nothing to indicate that the heirs of deceased were aware that an action was pending against them, was such an abuse of legal discretion as to constitute error, and might be available in some instances as a defense, the…
2Cases cited7 opinions
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Fraley v. . FraleySupreme Court of North Carolina · 1909
- Burnett v. Lyman.Supreme Court of North Carolina · 1906
- Rogerson v. . LeggettSupreme Court of North Carolina · 1907
- Polk v. GallantSupreme Court of North Carolina · 1839
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- Steadham v. CobbSupreme Court of Georgia · 1938
- Kiser v. LucasCourt of Appeals of Maryland · 1936
- Perkins v. PerkinsSupreme Court of North Carolina · 1958
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