1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 256 S.E.2d
  5. 256 S.E.2d 843 (1979)
 

MAZZOCONE v. DRUMMOND

No. 7820SC948.

256 S.E.2d 843 (1979)

42 N.C. App. 493

Carl M. MAZZOCONE, Ancillary Personal Representative C. T. A. of the Estate of Louis Bonotaux Drummond, Deceased v. Robert Watchorn DRUMMOND.

Court of Appeals of North Carolina.

July 31, 1979.

Attorney(s) appearing for the Case

Nichols, Caffrey, Hill, Evans & Murrelle by William W. Jordan and R. Thompson Wright, Greensboro, Sabiston & Thompson by William D. Sabiston, Jr., Carthage, for plaintiff-appellee.

J. Gates Harris, Red Springs, and Seawell, Pollock, Fullenwider, Robbins & May by P. Wayne Robbins, Carthage, for defendant-appellant.

ERWIN, Judge.

The defendant first contends that this action abated, because he had not been served with process at the time of the death of Mrs. Drummond. Mrs. Drummond filed her complaint on 24 August 1977. By doing so, she commenced this civil action as of that date. G.S. 1A-1, Rule 3. At all times thereafter, this action was a viable pending action. Although Mrs. Drummond died while this action was pending, her death did not abate the action. "No action abates...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases