Smith v. . Smith
Supreme Court of North Carolina
This was a civil actioN, tried before Armfield, J., at October Term, 1889, of Waice Superior Court. The action was brought in the name of Larkin Smith, by his next friends, Ferrell and wife, Wiggs and wife, appointed such by the Court, against Charles Smith.
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This was a civil actioN, tried before Armfield, J., at October Term, 1889, of Waice Superior Court. The action was brought in the name of Larkin Smith, by his next friends, Ferrell and wife, Wiggs and wife, appointed such by the Court, against Charles Smith. The summons was issued on the 20th December, 1888; and after it was served on Charles Smith, to-wit, on the 26th day of February, 1889, Charles Smith took a power of attorney, already written, to Larkin Smith and procured his signature thereto— said power of attorney purported to appoint Messrs. Fuller & Snow and Batchelor & Devereux,…
1Opinion of the Court
Shepherd, J.:
We do not concur with the defendant that the Court had no power to submit the issues involving the-mental capacity of Larkin Smith to execute the papers in controversy. There can be no question but that persons non-compos mentis may sue by their next friend when they have no general or testamentary guardian (The Code, §180); and “it is incident to the ordinary jurisdiction of a Court having full chancery powers to inform its conscience by directing an issue upon the sanity of a party, not found a lunatic, to be framed for a jury, when the question arises collaterally in an…
2Cases cited1 opinion
- Smith v. . NimocksSupreme Court of North Carolina · 1886
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