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BELL v. SMITH

No. 168.

138 S.E.2d 34 (1964)

262 N.C. 540

Alton B. BELL v. Mary Lou SMITH.

Supreme Court of North Carolina.

September 30, 1964.

Attorney(s) appearing for the Case

William N. Puett, Berlin H. Carpenter, Jr., Gastonia, for plaintiff appellee.

Hollowell & Stott, and Frank P. Cooke, by Grady B. Stott, Gastonia, for defendant appellant.

PER CURIAM.

If a defendant in a civil action is non compos mentis, he must defend by general or testamentary guardian if he has one within the State, otherwise by guardian ad litem to be appointed by the court. Hood v. Holding, 205 N.C. 451, 171 S.E. 633. The court may not quash the service on an incompetent, but should see to it that he is properly represented before any action is taken which is detrimental to his interests. Either party, or the court...

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