Shemwell Ex Rel. Shemwell v. Lethco

Pending this appeal the defendant Lethco died. The Commercial National Bank of Charlotte duly qualified as executor of his will, and has been made a party defendant in the action and permitted to .and has adopted the pleadings heretofore had in this action. We do not think that any of the assignments of error made by defendant Lethco can be sustained. The Superior Court has large discretion in reference to some of defendants’ assignments of error and from the view we take of this matter, if error not prejudicial. "Without going into an analysis of the cross-complaint, bill or action, we think…