Coggins v. Elythe

Citations

• 114 N.C. 274

Syllabus

<p>Practice — Parties—Abatement—Supplementary Complaint•— Discretion of Judge.</p> <p>Where two of several plaintiffs died and, there being no personal representative within a year thereafter, no motion was made to continue the action as to them, but the cause remained upon the docket and was proceeded with by the remaining plaintiffs, whose rights were finally determined, and the defendants did not apply to have the action abated as to the deceased parties, it was within the discretion of the presiding Judge to allow' the personal representative of such deceased parties to file a supplementary complaint and prosecute the action, his motion to be allowed to do so -having been made before the final judgment was rendered in the cause.</p>