Citation Numbers: 40 S.E.2d 352, 226 N.C. 718
Judges: DEVIN, J.
Filed Date: 11/20/1946
Status: Precedential
Modified Date: 1/13/2023
The defendant in the above entitled cause moves in this Court that plaintiff's action be dismissed as having abated by reason of the death, pending the appeal, of the plaintiff's mother whose critical illness was alleged to have rendered it necessary for plaintiff to obtain possession of the apartment now occupied by the defendant, under Federal Rent Control Regulations. It was contended that plaintiff's cause of action has become moot and is no longer supported by existing facts. *Page 719
Undoubtedly, where, pending an appeal, the subject of the action has been destroyed or has ceased to exist, or been settled between the parties, or the right of action does not survive the death of the plaintiff, or the action or thing sought to be enjoined has happened or been completed, or because of devolution of title plaintiff's interest has determined, a motion in this Court to dismiss the action as having abated ordinarily would be entertained. Cochran v. Rowe,
Motion denied.
Reid v. . R. R. , 162 N.C. 355 ( 1913 )
Kilpatrick v. . Harvey , 170 N.C. 668 ( 1915 )
State v. . R. R. , 74 N.C. 287 ( 1876 )
Rasberry v. . Hicks , 199 N.C. 702 ( 1930 )
Wikel v. . Commissioners , 120 N.C. 451 ( 1897 )
Glenn v. . Culbreth , 197 N.C. 675 ( 1929 )
Efird v. . Comrs. of Forsyth , 217 N.C. 691 ( 1940 )
Rousseau v. . Bullis , 201 N.C. 12 ( 1931 )