{
  "id": 8621956,
  "name": "DAVID ELDER HUNT, Deceased, v. THE STATE OF NORTH CAROLINA, ADJUTANT GENERAL'S DEPARTMENT, SELF-INSURER",
  "name_abbreviation": "Hunt v. State",
  "decision_date": "1931-05-27",
  "docket_number": "",
  "first_page": "37",
  "last_page": "39",
  "citations": [
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      "type": "official",
      "cite": "201 N.C. 37"
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    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
      "reporter": "S.E.",
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    {
      "cite": "196 N. C., 797",
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      "cite": "150 N. C., 166",
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      "opinion_index": 0
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    {
      "cite": "200 N. C., 535",
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    {
      "cite": "156 S. E., 917",
      "category": "reporters:state_regional",
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      "opinion_index": 0
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    {
      "cite": "200 N. C., 232",
      "category": "reporters:state",
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  "analysis": {
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  "last_updated": "2023-07-14T22:25:15.863450+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DAVID ELDER HUNT, Deceased, v. THE STATE OF NORTH CAROLINA, ADJUTANT GENERAL\u2019S DEPARTMENT, SELF-INSURER."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nTbe liability of tbe State, as self-insurer, under tbe Workmen\u2019s Compensation Act, for injuries arising out of and in tbe course of tbe employment of a duly 'enlisted National Guardsman was considered in Baker v. State, 200 N. C., 232, 156 S. E., 917.\nBut it is provided by section 40 of tbe Workmen\u2019s Compensation Act that in case tbe deceased employee leaves no dependents, the employer shall pay tbe amount allowed thereunder \u201cto tbe personal representative of tbe deceased.\u201d When a statute names a person to receive funds, and authorizes him to sue therefor, no one but tbe person so designated has tbe right to litigate tbe matter. 20 R. C. L., 664.\nIt is further provided by O. S., 446 that \u201cEvery action must be prosecuted in the name of the real party in interest,\u201d etc. Casualty Co. v. Green, 200 N. C., 535, 157 S. E., 797; Chapman v. McLawhorn, 150 N. C., 166, 63 S. E., 721. Tbe proceeding, therefore, brought in tbe name of tbe deceased, and no one else, would seem to be nullius juris. S. v. Beasley 196 N. C., 797, 147 S. E., 301.\nNor is it permissible under C. S., 1414 for the personal representative of the deceased, hereafter to be appointed, to come in now and make himself a party to the proceeding- in the Supreme Court. Having acquired no jurisdiction of the matter as presently presented, there is nothing before the Court.\nProceedings dismissed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General Brummitt and Assistant Attorneys-General Nash and Siler for appellant.",
      "Parham & Lassiter and Royster & Royster for appellee."
    ],
    "corrections": "",
    "head_matter": "DAVID ELDER HUNT, Deceased, v. THE STATE OF NORTH CAROLINA, ADJUTANT GENERAL\u2019S DEPARTMENT, SELF-INSURER.\n(Filed 27 May, 1931.)\nMaster and Servant F d \u2014 Where deceased employee leaves no dependents only his personal representative may litigate, claim under the act.\nIt is required by C. S., 446, that an action be prosecuted in the name of the real party in interest, and where a statute names a person to receive funds and authorizes him to sue therefor, only the person named may litigate the matter, and section 40 of the Workmen\u2019s Compensation Act provides that in case the deceased employee leaves no dependents, the employer shall pay the amount-recoverable thereunder to the personal representative of the deceased, and held: where a claim under the act is litigated in the name of the deceased the proceeding is a nullity and will be dismissed on appeal to the Supreme Court, nor may the personal representative come in and make himself \u00e1 party under the provisions of C. S., 1414.\nAppeal by defendant from Devin, J., at April Term, 1931, of Granville. '\nProceeding under Workmen\u2019s Compensation Act by \u201cDavid Elder Hunt, deceased,\u201d to. determine liability of tbe State, as self-insurer, to decedent\u2019s dependents or bis estate.\nDavid Elder Hunt, a duly enlisted member of tbe North Carolina National Guard, was killed in an automobile accident about 1:30 a.m. 13 July, 1930, while driving from bis home in Oxford, N. C., to More-bead City, N. 0., to report for duty at Camp Glenn in connection with tbe annual encampment of tbe North Carolina National Guard.\nTbe deceased was nineteen years of age at tbe time of bis death. He left no one him surviving wholly or partially dependent upon bis earnings for support. No personal representative of tbe deceased has been appointed, and it is not clear from tbe record just bow tbe matter was presented to tbe North Carolina Industrial Commission.\nAt any rate, tbe Industrial Commission \u201cdenied'compensation in this case\u201d on tbe ground that tbe injury by accident, resulting in death, did not arise out of and in tbe course of tbe employment of tbe deceased as a National Guardsman. This ruling was reversed on appeal to tbe Superior Court, tbe appeal being by \u201ctbe claimant,\u201d and tbe judgment of tbe Superior Court recites \u201cthat tbe personal representative of tbe said David Elder Hunt, deceased, is entitled to compensation under tbe provisions of tbe Workmen\u2019s Compensation Act.\u201d\nFrom this judgment tbe defendant appeals, assigning error.\nAttorney-General Brummitt and Assistant Attorneys-General Nash and Siler for appellant.\nParham & Lassiter and Royster & Royster for appellee."
  },
  "file_name": "0037-01",
  "first_page_order": 111,
  "last_page_order": 113
}