BELL v. SMITH

No. 204.

140 S.E.2d 542 (1965)

263 N.C. 814

Alton B. BELL v. Mary Lou SMITH.

Supreme Court of North Carolina.

March 3, 1965.


Attorney(s) appearing for the Case

W. N. Puett, Gastonia, for plaintiff appellant.

Hollowell & Stott, Frank Patton Cooke and Joseph B. Roberts, III, Gastonia, for defendant appellee.


BOBBITT, Justice.

The only question is whether Judge Campbell erred in approving and confirming the clerk's order.

On former appeal, this Court said: "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 * * * Either party, or the court upon its own motion...

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