Marriner v. . Mizzelle

170 S.E. 650, 205 N.C. 204, 1933 N.C. LEXIS 504

Opinion

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.