Marriner v. . Mizzelle
Marriner v. . Mizzelle
170 S.E. 650; 205 N.C. 204; 1933 N.C. LEXIS 504
(South Eastern Reporter)
Marriner v. . Mizzelle
Opinion of the Court
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.