Moore v. . Gidney
Supreme Court of North Carolina
MotioN in the cause, heard before Schenck, J., at Chambers in Cleaveland County, May 5th, 1876, upon an appeal from the ruling of the Probate Court. The plaintiff, as guardian ad litem of the infant heirs of John L. Moore, deceased, and in her own behalf, moved the Court to set aside an order of sale, and final decree theretofore made in the cause.
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MotioN in the cause, heard before Schenck, J., at Chambers in Cleaveland County, May 5th, 1876, upon an appeal from the ruling of the Probate Court. The plaintiff, as guardian ad litem of the infant heirs of John L. Moore, deceased, and in her own behalf, moved the Court to set aside an order of sale, and final decree theretofore made in the cause. The motion was based upon affidavits to the following effect: That on the 10th September, 1874, the plaintiff filed a petition against the heirs of his intestate, J. L. Moore, setting forth, among other things, that deceased was indebted to the…
1Opinion of the CourtByNUM, J.
When infant defendants, in a civil action or special proceeding, have no general or testamentary guardian, before a guardian ad litem can be appointed, a sum mons must be served upon such infant, and a copy of the complaint also be served or filed according to law. After the guardian ad litem is thus appointed in a special proceeding, a copy of the complaint, with the summons, must be served on the guardian. All this does .not give the Court jurisdiction to proceed at once in the cause; for it is further provided, that not until after twenty days’ notice of said summons and complaint, and…
2Cases cited3 opinions
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Allen v. . Shields, Adm'r. .Supreme Court of North Carolina · 1875
- McAden v. . HookerSupreme Court of North Carolina · 1876
3Cited by34 opinions
- Creech Ex Rel. Creech v. MelnikCourt of Appeals of North Carolina · 2001
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Simms v. . SampsonSupreme Court of North Carolina · 1942
- Lowe v. HarrisSupreme Court of North Carolina · 1893
- Molyneux v. HueySupreme Court of North Carolina · 1879
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