State Ex Rel. Wilson v. Houston
Supreme Court of North Carolina
Parties — Aetion by Guardian. Civil ActioN, tried at Fall Term, 1876, of Cabarrus Superior Court, before Schenck, J. The action was brought on a G-uardian Bond executed by the intestate of defendant, to which the plaintiff guardian was one of the sureties. Before this action was commenced the plaintiff guardian ■demanded of the defendant’s intestate a settlement of the estate of his wards, and asked that an account be taken, &c.
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Parties — Aetion by Guardian. Civil ActioN, tried at Fall Term, 1876, of Cabarrus Superior Court, before Schenck, J. The action was brought on a G-uardian Bond executed by the intestate of defendant, to which the plaintiff guardian was one of the sureties. Before this action was commenced the plaintiff guardian ■demanded of the defendant’s intestate a settlement of the estate of his wards, and asked that an account be taken, &c. The defendants demurred to the complaint and assigned as cause: 1. That plaintiff has not legal capacity to sue in this, that he is the plaintiff in this action and…
1Opinion of the CourtReade, J.
The plaintiff guardian is one of the obligors in the bond sued on, it being the bond of a former guardian of the plaintiff’s wards. So that while the plaintiff is interested to effect a recovery for his wards, he is interested to-defeat a recovery against himself or which may enuro against himself.
This action could not be 'sustained' at law; and even in equity where it might be sustained, it would be necessary to have the interests of the wards protected by a disinterested personother than the plaintiff guardian.
So much of the demurrer as raises this point is sustained. And the case is…
2Cited by5 opinions
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