Legal Opinion

Behr v. Behr

Court of Appeals of North Carolina

Decided May 20, 1980No. 7910DC1004PublishedCited by 30 opinions

1Opinion of the Court

WELLS, Judge.

Defendant brings forward four assignments of error. Defendant first contends that the trial court erred by refusing to join Lisa Kathryn as a necessary party to this action. A necessary party is one whose presence is required for complete determination of the claim. G.S. 1A-1, Rule 19; MacPherson v. City of Asheville, 283 N.C. 299, 196 S.E. 2d 200 (1973). We hold that joinder of Lisa Kathryn was not required, whether or not she reached the age of majority or became emancipated, because the separation agreement provided that all support payments were to be made to plaintiff, as…

2Cases cited14 opinions

  1. Jones v. Morris Plan BankSupreme Court of Virginia · 1937
  2. MacPherson v. City of AshevilleSupreme Court of North Carolina · 1973
  3. Smith v. Lumber Co.Supreme Court of North Carolina · 1906
  4. APPEAL OF McLEAN TRUCKING COMPANY, WINSTON-SALEMSupreme Court of North Carolina · 1974
  5. Teele v. KerrSupreme Court of North Carolina · 1964

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3Cited by30 opinions

  1. Cable Tel Services, Inc. v. Overland Contracting, Inc.Court of Appeals of North Carolina · 2002
  2. Consul Limited, Kenneth B. Wilson Dba Ken Wilson Associates v. Solide Enterprises, Inc., a Corporation, and Hrh Operating Company, a CorporationCourt of Appeals for the Ninth Circuit · 1986
  3. Begley v. Employment Security CommissionCourt of Appeals of North Carolina · 1981
  4. Brenton State Bank of Jefferson v. TiffanySupreme Court of Iowa · 1989
  5. Sears Roebuck and Co. v. AveryCourt of Appeals of North Carolina · 2004

25 more not listed; retrieve them via the Exa API.

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