SAWYER v. COWELL

No. 20.

86 S.E.2d 431 (1955)

241 N.C. 681

Howard M. SAWYER v. Sue D. COWELL (Original Party Defendant) and V. S. Cowell, Administrator of the Estate of Sue D. Cowell, deceased, and V. S. Cowell, Individually (Additional Party Defendant).

Supreme Court of North Carolina.

March 23, 1955.


Attorney(s) appearing for the Case

Jennette & Pearson, Elizabeth City, for plaintiff, appellant.

R. Clarence Dozier, LeRoy & Godwin, Elizabeth City, for defendant, appellee.


DENNY, Justice.

The appellant concedes that the attempted service on V. S. Cowell as administrator of the estate of Sue D. Cowell was a nullity and, therefore, totally void. He contends, however, that V. S. Cowell is the real party in interest and should be made the party defendant by proper amendment since he acquired the locus in quo with full knowledge of the pending litigation.

It is provided in G.S. § 1-74 that, "No action abates by the death...

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