Bell v. Smith

Supreme Court of North Carolina

Decided September 30, 1964

Supreme Court of North Carolina · decided 1964-09-30

Cited by 2 later decisions — most recently February 1971

2 state decisions

Key passage — most relied on by later courts

““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 upon its own motion, may initiate proceedings for the appointment of a guardian ad litem before any hearing on the merits.”

quoted by 1 later decision, including 10 N.C. App. 427 - Rutledge v. Rutledge

Relies on Hood, Comr. of Banks v. . Holding

Good law ✅— No negative treatment on recordhow we know

Decided 1964-09-30

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Per Curiam.

¶1If 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 upon its own motion, may initiate proceedings for the appointment of a guardian ad litem before any hearing on the merits.

¶2Affirmed.