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205 N.C. 204

170 S.E 650

Marriner v. . Mizzelle

Supreme Court of North Carolina

Decided September 20, 1933

Supreme Court of North Carolina · decided 1933-09-20

Cited by 1 later decisions — most recently January 1959

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1933-09-20

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Pes Cukiak.

¶1 It does not appear from the pleadings in this proceeding that the surety on the bond filed by plaintiff as guardian is a necessary party to this proceeding. It is not alleged in the answer filed by the defendants that there has been a breach of the bond. At most the surety is only a proper party. The motion of the defendants that the surety be made a party was addressed to the discretion of the court. McIntosh N. C. Practice & Procedure, page 185. For this reason, the refusal of the court to- allow the motion is not reviewable by this Court. The appeal by the defendants is

¶2 Dismissed.

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