Smith v. . Smith

Citations

• 11 S.E. 188
• 106 N.C. 498

Syllabus

<p>Lunacy — Next Friends — Guardian—Comments oj Counsel — Sworn Pleadings — Evidence.</p> <p>1. Persons non compos mentis may sue by tlieir next friend when they have no general or testamentary guardian.</p> <p>2. In an action involving, among other things, the sanity of the plaintiff, his counsel, in addressing the jury, commented upon the failure of one of the defendants to answer the sworn complaint, which reflected upon his character. The complaint was not put in evidence: Held, that, upon objection by the other side, the Court below erred in not stopping counsel.</p> <p>3. When a party intends to use pleadings as evidence, he should put them in evidence — mere reading to the jury is not sufficient for this purpose.</p> <p>4. Suggestions by Shepherd, J., as to trials where there are double issues.</p>