Bailey Ex Rel. Bailey v. Roberts

Tbe first contention made by defendants in tbe demurrer is to tbe effect that tbe plaintiff has no legal capacity to sue. We think this position taken by defendants has been abandoned.

In tbe judgment of tbe court below is tbe following: “The court being of tbe opinion that E. D. Bailey has been properly appointed as tbe next friend and, as sucb, is entitled to prosecute this cause on behalf of tbe infant, Charles Bailey.” The defendants, as to this aspect, filed no exception and assignment of error, nor did they comply with Rule 28 (200 N. C., 831), which, in part, is as follows: “Exceptions…