Legal Opinion

Aetna Insurance Co. v. Carroll's Transfer, Inc.

Court of Appeals of North Carolina

Decided May 24, 1972No. 726SC387PublishedCited by 11 opinions

1Opinion of the Court

BEOCK, Judge.

This is an attempted appeal by defendant-appellant Carroll from a denial of its motion entitled “Motion to Sever and Ee-move.” Carroll contends that the trial court erred in denying its motion to sever because Aetna’s two claims, one claim asserted against Carroll and the alternative claim against Daniels, cannot be joined in one civil action. However, Carroll admits that if joinder of the alternative claim is proper, then there is no question that the venue in Bertie County is proper.

G.S. 1A-1, Eule 20(a) specifically allows alternative join-der of defendants. “All persons may…

2Cited by11 opinions

  1. Wallace Ex Rel. Magers v. EvansCourt of Appeals of North Carolina · 1982
  2. Fulk v. Piedmont Music CenterCourt of Appeals of North Carolina · 2000
  3. Whalehead Properties v. Coastland Corp.Supreme Court of North Carolina · 1980
  4. Woods v. SmithSupreme Court of North Carolina · 1979
  5. Wachovia Bank & Trust Co. v. SmithCourt of Appeals of North Carolina · 1980

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