Carroll v. Montgomery.
Supreme Court of North Carolina
ActioN by Ellen Carroll, Lillian Carroll, Anson. Carroll, Henry Carroll, tlie last three infants, by their next friend and mother, Ellen Carroll, against James Montgomery, heard by Judge A. L. Goble and a jury, at Fall Term, 1900, of the Superior Court of WaeeeN County. Erom a judgment for the plaintiffs, the defendant appealed.
1Opinion of the CourtClaes, J.
The objection that the next friend had not been regularly appointed should have been taken by a plea in abatement, and not by a motion to nonsuit at the close of the evidence. Hicks v. Beam, 112 N. C., 642. The defendant had answered and thus waived objection. The action of the Judge in making an order at that juncture appointing the next friend was in his discretion. His order was made after full inquiry in the mode prescribed by Eules 16 and 17 of the Superior Court, and his selection is not a matter from which the defendant could appeal. It did not concern him. The mother, already a party…
2Cases cited2 opinions
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Kinney v. . LaughenourSupreme Court of North Carolina · 1887
3Cited by6 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Houser Ex Rel. Oakes v. BonsalSupreme Court of North Carolina · 1908
- Hammond Ex Rel. Hammond v. BullardSupreme Court of North Carolina · 1966
- Turlington v. . AmanSupreme Court of North Carolina · 1913
- Huntley v. Hasty.Supreme Court of North Carolina · 1903
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