First National Bank of Durham v. Thomas

Tbe question of law involved: Did the court below err in overruling defendants’ I. W. "Woolley and wife, Ellie Woolley’s demurrer ore tenus to the plaintiffs’ complaint? We think so.

C. S., 446, in part, is as follows: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided,” etc.

C. S., 511: “The defendant may demur to the complaint when it appears upon the face thereof, either that: . . . (2) The plaintiff has not legal capacity to sue. . . . (4) There is a defect of parties plaintiff or defendant.”

In Fishell v. Evans, 193 N. C., 660, 662, we…