City of Wilmington v. Merrick

Tbe many alleged defects in the proceeding appearing on the face of this record invite much writing which in the end would serve no useful purpose. In the final analysis the appeal presents two questions: (1) Were the movants made parties defendant herein so that fhey are hound by the judgment entered, and, if not, (2) Did they, by their general appearance and motion to vacate the judgment, waive the defect? ¥e are constrained to answer each question in the negative?

It must he noted in the beginning that this is an action instituted under the provisions of C.S. 7990, now G.S. 105-414. It is…