Legal Opinion

Bell v. Smith

Supreme Court of North Carolina

Decided March 3, 1965PublishedCited by 1 opinion

1Opinion of the CourtBobbitt, J.

The only question is whether Judge Campbell erred in approving and confirming the clerk’s order.

On former appeal, this Court said: “If a defendant in a civil action is non compos mentis, he must defend by general or testamentary guardian if he has one within the State, otherwise by guardian ad litem to be appointed by the court. Hood v. Holding, 205 N.C. 451, 171 S.E. 633 . . . Either party, or the court upon its own motion, may initiate proceedings for the appointment of a guardian ad litem before any hearing on the merits.” In this connection, see Moore v. Lewis, 250 N.C. 77, 80, 108 S.E.…

2Cases cited5 opinions

  1. Carraway v. LassiterSupreme Court of North Carolina · 1905
  2. WALDRON BUICK COMPANY v. General Motors Corp.Supreme Court of North Carolina · 1959
  3. Hood, Comr. of Banks v. . HoldingSupreme Court of North Carolina · 1933
  4. Carraway v. . LassiterSupreme Court of North Carolina · 1905
  5. Moore v. LewisSupreme Court of North Carolina · 1959

3Cited by1 opinion

  1. In re the Custody of WrightCourt of Appeals of North Carolina · 1970

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