Thomas v. Gate City Insurance

222 N.C. 754

• Court: Supreme Court of North Carolina
• Decided: November 25, 1942
• Status: Published

Opinion

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.