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COSTNER v. LUTHERAN CHILDREN'S HOME OF THE SOUTH

No. 309.

72 S.E.2d 866 (1952)

236 N.C. 361

COSTNER et al. v. LUTHERAN CHILDREN'S HOME OF THE SOUTH et al.

Supreme Court of North Carolina.

October 29, 1952.

Attorney(s) appearing for the Case

Marvin T. Leatherman, A. L. Quickel, of Lincolnton, and William B. Webb, Charlotte, for plaintiff appellants.

Hartsell & Hartsell, Concord, R. S. Kime, Salem, Va., and Jonas & Jonas, Lincolnton, for defendant appellees.

BARNHILL, Justice.

James Ray Costner, Jr., and Sallie Ann Costner are infants and are necessary parties to this action. Their names appear in the caption as plaintiffs and the judgment recites that they are duly represented by their next friend, Lewis B. Carpenter. It is likewise so stipulated by counsel. Yet the record fails to disclose the appointment of a next friend. Although these infants are listed as plaintiffs, Lewis B. Carpenter filed an answer in their behalf...

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