George v. . High
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1881, of Columbus. Superior Court, before Qudger, J. The action is brought upon a bond given by Forney ■George as guardian of the infant relators. The other defendants were sureties on the bond, together with Ann E. George, who at the time of its execution was the wife of said George, and is now the guardian of the said infants, and brings this suit in their behalf.
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Civil ActioN tried at Spring Term, 1881, of Columbus. Superior Court, before Qudger, J. The action is brought upon a bond given by Forney ■George as guardian of the infant relators. The other defendants were sureties on the bond, together with Ann E. George, who at the time of its execution was the wife of said George, and is now the guardian of the said infants, and brings this suit in their behalf. In the complaint she alleges her incapacity, as a married woman, to give the bond and insists that the same is void as to her. The defendants demur upon the ground that the plaintiff Ann E.…
1Opinion of the CourtRufpiN, J.
It has been decided by this court in several cases, and amongst them the cases of Branch v. Goddin, 2 Winston, 105; Falls v. Gamble, 66 N. C., 455, and Mason v. McCormick, 75 N. C., 263, that one who conducts a suit as guardian, or next friend for infants is not a party of record, .but that the infants themselves are the real plaintiffs. It cannot be therefore that the infant plaintiffs are to be prejudiced, and their action dismissed because of the peculiar relations of their guardian towards the subject matter of their action, and more especially in a court of equitj1’ that disregards all…
2Cases cited3 opinions
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
- Mason Ex Rel. Mason v. McCormickSupreme Court of North Carolina · 1876
- State Ex Rel. Wilson v. HoustonSupreme Court of North Carolina · 1877
3Cited by11 opinions
- King v. GrindstaffSupreme Court of North Carolina · 1973
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Rabil v. . FarrisSupreme Court of North Carolina · 1938
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