Supreme Court of North Carolina, 1933

Marriner v. . Mizzelle

Marriner v. . Mizzelle
Supreme Court of North Carolina · Decided September 20, 1933 · PER CURIAM.
170 S.E. 650; 205 N.C. 204; 1933 N.C. LEXIS 504 (South Eastern Reporter)

Marriner v. . Mizzelle

Opinion of the Court

Pes Cukiak.

It does not appear from the pleadings in this proceeding that the surety on the bond filed by plaintiff as guardian is a necessary party to this proceeding. It is not alleged in the answer filed by the defendants that there has been a breach of the bond. At most the surety is only a proper party. The motion of the defendants that the surety be made a party was addressed to the discretion of the court. McIntosh N. C. Practice & Procedure, page 185. For this reason, the refusal of the court to- allow the motion is not reviewable by this Court. The appeal by the defendants is

Dismissed.

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