Supreme Court of North Carolina May 31, 1939 (Morgan v. Morgan)

PeR Cueiam.

Absence of a necessary party may be taken advantage of by demurrer, Geitner v. Jones, 173 N. C., 591, 92 S. E., 493, but where amounts due are admitted or not controverted, tbe ward as against a demurrer for misjoinder of parties and causes may follow guardianship funds, McNeill v. McBryde, 112 N. C., 408, 16 S. E.