Superior Court of North Carolina, 1803

Jones v. . Drake

Jones v. . Drake
Superior Court of North Carolina · Decided July 5, 1803 · HALL, J.,
3 N.C. 237

Counsel

E contra: The practice is to serve the bill on the defendant, and then appoint him a guardian to answer that bill. There is no necessity to serve the guardian with a new bill. And counsel cited 1 Harrison, 474, and Kay v. Black , in this Court.

Jones v. . Drake

Opinion of the Court

doubted; but applying to Baker to know how the practice was, and he saying it was to serve the bill on the infant only, his Honor then appoint him a guardian to answer that bill. There is no necessity to serve the guardian with a new bill. And counsel cited 1 Harrison, 474, and Kay v.Black, in this Court.

NOTE. — The court of equity has power to appoint the clerk and master guardian to infant defendants to appear and answer for them, even against his consent. Muir v. Stuart, 5 N.C. 440. *Page 220

Case-law data current through December 31, 2025. Source: CourtListener bulk data.