Thomas v. Gate City Insurance

Supreme Court of North Carolina
Thomas v. Gate City Insurance, 222 N.C. 754 (N.C. 1942)

Thomas v. Gate City Insurance

Opinion of the Court

Per Curiam.

Tbe right of action, if any, alleged in tbe complaint accrues to tbe mother of deceased. Tbe plaintiff has no interest or estate therein. He is not tbe real party in interest and has no right to maintain tbe action. C. S., 446; Rental Co. v. Justice, 211 N. C., 54, 188 S. E., 609.

Furthermore, tbe appeal is dismissable for failure of tbe record to show tbe organization of tbe court below. Rule 19; Brown v. Johnson, 201 N. C., 807, 178 S. E., 570.

Affirmed.

Reference

Full Case Name
JAMES R. THOMAS, Administrator of LOREAIN SMITH v. GATE CITY INSURANCE COMPANY
Status
Published