State Ex Rel. Wilson v. Houston

76 N.C. 375

• Court: Supreme Court of North Carolina
• Decided: January 5, 1877
• Status: Published

Opinion

Reade, J.

The plaintiff guardian is one of the obligors in the bond sued on, it being the bond of a former guardian of the plaintiff’s wards. So that while the plaintiff is interested to effect a recovery for his wards, he is interested to-defeat a recovery against himself or which may enuro against himself.

This action could not be 'sustained' at law; and even in equity where it might be sustained, it would be necessary to have the interests of the wards protected by a disinterested personother than the plaintiff guardian.

So much of the demurrer as raises this point is sustained. And the case is remanded, to'the end that the wards may be made parties plaintiff and a proehein ami be appointed to protect their'interests.

There is error. Case will be remanded. Costs in this Court will be paid by plaintiff.

Per Curiam. Judgment accordingly.