Oliver v. . Perry
Supreme Court of North Carolina
Motion to make the executor of a deceased plaintiff party, heard before Shipp J., at Fall Term 1867 of the Superior Court of J ones. Upon the motion being' made, it appeared that the plaintiff had been dead for more than two terms; thereupon his Honor refused to grant it, and adjudged that the suit had abated. The executor of the plaintiff appealed.
1Opinion of the Court
Reade J.
The ordinance of June 23d 1866 “To change the jurisdiction of the courts” &c., provides that the time elapsed since 1st September 1861, barring actions on suits, or presuming the satisfaction or abandonment of rights, shall not be counted. It also provides, that the General Assembly shall have no power to repeal, alter'or modify the ordinance. It is insisted that the ordinance restricts the counting of time only up to the date of its passage; and that, after its passage, time might be counted; and that two terms having elapsed without making the executor a party, the suit abated. And…
2Cited by1 opinion
- McIntyre v. . GuthrieSupreme Court of North Carolina · 1870