Hudson v. McArthur
Supreme Court of North Carolina
Appeal from Guión, J., at January Term, 1910, of SampsoN. This was a civil action heard upon. demurrer to the complaint. The action was originally brought by J. H. Hudson, “on behalf of himself and all other bondsmen of A. W. Aman who will come in and aid in the prosecution.” Later, by an order made at February Term, 1908, Levett Warren, J. H. Turling-ton and C. H. Fisher were made parties plaintiff, and A. W. Aman was made a party defendant.
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Appeal from Guión, J., at January Term, 1910, of SampsoN. This was a civil action heard upon. demurrer to the complaint. The action was originally brought by J. H. Hudson, “on behalf of himself and all other bondsmen of A. W. Aman who will come in and aid in the prosecution.” Later, by an order made at February Term, 1908, Levett Warren, J. H. Turling-ton and C. H. Fisher were made parties plaintiff, and A. W. Aman was made a party defendant. Y. J. McArthur, A. T. Herring and George Highsmith composed the Board of Commissioners of Sampson County, and George E. Butler was the county attorney.…
1Opinion of the CourtManning, J.
Passing tbe question as to tbe misjoinder of tbe parties plaintiff, and tbe joinder of defendant Aman as a party defendant — the plaintiffs having each a separate, and not a joint, cause of action against tbe defendant commissioners, if they have any cause of action at all, and tbe cause of action against Aman being distinct from and arising from totally different facts from that alleged against tbe defendant commissioners — we proceed to consider if tbe complaint states facts, sufficient to constitute a cause of action in favor of any one, or all, of tbe plaintiffs against tbe defendant…
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