Supreme Court of North Carolina July 5, 1810 (Hamilton v. . Jones)

Ham., Judge,

delivered the opinion of the Court:

We are of opinion that the suit has not abated. The act of 1786, ch. 14, sec. 1, declares “ that it shall, and .may be lawful for executors, &c. to carry on every suit or action in Court after the death of either Plaintiff or Defendant j and may be proceeded on by application, in the same mafiner as appeals arc carried on under tue act df 1785, ch.