State Ex Rel. McLeod v. Maurer

2 S.E.2d 868, 215 N.C. 795, 1939 N.C. LEXIS 379

Opinion

Peb Cubiam.

The plaintiff on behalf of himself and other creditors of the estate of W. ~W. Maurer, deceased, instituted this action against the administrator and heirs at law of W. W. Maurer and the sureties on the administrator’s bond for the determination of questions involved in the settlement of the estate of said decedent. The defendants May nard and Johnson, sureties on the administrator’s bond, demurred on the ground of misjoinder of parties and causes of action. From judgment overruling tbeir demurrer, the defendants appealed.

The demurrer was properly overruled. C. S., 135; C. S., 456; and C. S., 507. Leach v. Page, 211 N. C., 622, 191 S. E., 349; Robertson v. Robertson, ante, 562.

Judgment affirmed.