Roberts v. Utility Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Cranmer, J., from New Hanoveb, heard at Wilson, October Term, 1920. This is an appeal from a judgment overruling a demurrer to the complaint, the ground of demurrer being that there is a misjoinder of. parties and causes of action.
1Opinion of the CourtAlleN, J.
The causes of action that may be joined are classified im section 507 of the Consolidated Statutes, which concludes: “Rut the-causes of action' so united must all belong to one of these classes, and except in actions for the foreclosure of mortgages, must affect all the-parties to the action.”
It is also well settled that an action cannot be divided under section 516 when there is a misjoinder both of parties and of causes of action, and that in such case the demurrer must be sustained and the action dismissed. Cromartie v. Parker, 121 N. C., 198; Morton v. Tel. Co., 130 N. C., 299; Thigpen v.…
2Cases cited4 opinions
- Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Thigpen v. Kinston Cotton MillsSupreme Court of North Carolina · 1909
- Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
- State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
3Cited by32 opinions
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- Shore v. . HoltSupreme Court of North Carolina · 1923
- Morton v. ThorntonSupreme Court of North Carolina · 1963
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