Teague v. Siler City Oil Co.

Does a Superior Court judge have authority to permit the filing of a new complaint after the opinion of this Court, reversing judgment overruling a demurrer for misjoinder of parties and causes of action, has been certified down but before final judgment in the Superior Court? This is the one specific question presented for decision. The court below said no. We are constrained to reverse.

Where the ground of demurrer is the misjoinder of causes of action, the cause will not be dismissed. The court will merely sever the causes and divide the actions. G.S. 1-132; S. v. McCanless, 193 N.C. 200,…