Groves v. . Ware
Supreme Court of North Carolina
Appeal from a judgment of Shaw, J., rendered at chambers in the city of Charlotte on 1 November, 1921, overruling the defendant’s demurrer to the complaint, from GastoN. The following is a concise statement of the plaintiffs’ allegations: L. F. Groves died leaving a last will and testament, in which he named as devisees his widow, Sarah E. Groves, and his sons, H. H. Groves, L. C. Groves, E. E. Groves, and Forest M. Groves.
Read the full summary
Appeal from a judgment of Shaw, J., rendered at chambers in the city of Charlotte on 1 November, 1921, overruling the defendant’s demurrer to the complaint, from GastoN. The following is a concise statement of the plaintiffs’ allegations: L. F. Groves died leaving a last will and testament, in which he named as devisees his widow, Sarah E. Groves, and his sons, H. H. Groves, L. C. Groves, E. E. Groves, and Forest M. Groves. H. H. Groves and L. C. Groves duly qualified as administrators with the will annexed of the estate of said L. F. Groves, and thereafter entered upon the discharge of their…
1Opinion of the CourtAdams, J.
The legal propositions upon which the demurrer is based are these: (1) Forest M. Groves was not personally served with summons; (2) the pretended appointment of his guardian is void; (3) C. S., 2287, is unconstitutional. We shall consider the proposition seriatim.
C. S., 451, provides that if any defendant in an action or special proceeding is non compos mentis he must defend by his general or testamentary guardian, and if he shall have no general or testamentary guardian, and shall have been served with summons, the court may axapoint a guardian ad litem to defend in his behalf. The…
2Cases cited5 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Glisson v. . GlissonSupreme Court of North Carolina · 1910
- Rawls v. . HenriesSupreme Court of North Carolina · 1916
3Cited by31 opinions
- Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
- Smith v. SmithSupreme Court of Alabama · 1950
- North Carolina State Bar v. DuMontSupreme Court of North Carolina · 1982
- Rhyne v. K-Mart Corp.Court of Appeals of North Carolina · 2002
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
26 more not listed; retrieve them via the Exa API.