Emry v. Parker
Supreme Court of North Carolina
This was a MOTION to make parties heard by Brown, J., at the May Term of Halifax Superior Court. The Court allowed the motion, and the defendants appealed. The facts are sufficiently stated in the opinion.
1DissentAvery, J.
It is insisted that the appeal iii this case should be dismissed upon the ground that no order allowing or refusing a motion to make an additional party defendant effects a substantial right. In Merrill v. Merrill, 92 N. C., 660, MerrimoN, C. J., delivering the opinion of the Court, stated the principle applicable to this case very clearly and tersely when he said: “ Who shall and who shall not be made additional parties are questions, in many cases, of serious moment, and we can see no reason why the decision of a question of law, arising in the exercise of the power to make them, shall not…
2Cases cited8 opinions
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Rollins v. . RollinsSupreme Court of North Carolina · 1877
- Wade v. SandersSupreme Court of North Carolina · 1874
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Hicks v. . GoochSupreme Court of North Carolina · 1885
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