Green v. . Green
Supreme Court of North Carolina
Civil action for the recovery of real property, tried before Buxton, J., at Spring Term, 1873, of Union Superior Court. The action was originally brought by one Tilmon Green, to Fall Term, 1869. He having died, the present plaintiffs, B. A. and J. B. Green, devisees under his will, come into' Court, and make themselves parties plaintiff.
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Civil action for the recovery of real property, tried before Buxton, J., at Spring Term, 1873, of Union Superior Court. The action was originally brought by one Tilmon Green, to Fall Term, 1869. He having died, the present plaintiffs, B. A. and J. B. Green, devisees under his will, come into' Court, and make themselves parties plaintiff. One of the defenses set up in the answer being of an equitable character, in order to ascertain the amount for Which the land was bound, at Fall Term, 1870, a reference Was ¡ordered by the Court to the Clerk and S. H. Walkup, Esq., to take an account in the…
1Opinion of the CourtPearson, C. J.
We can see no error upon the point in respect to the misjoinder of parties plaintiffs urged in the argument, for the facts are not found, and the defendant must be taken to have waived by asking for time to except, &c.; this was the view which his Honor took it, and in this we concur.
By the argument before us this question was suggested for consideration. Under the C. C. P., is a misjoinder, (that is making too many parties plaintiffs,) a fatal objection? We are inclined to the opinion that under the very liberal system of pleading introduced by C. C. P., the fact of unnecessary parties,…
2Cases cited1 opinion
- Maxwell v. . MaxwellSupreme Court of North Carolina · 1872
3Cited by19 opinions
- Young v. YoungSupreme Court of North Carolina · 1879
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Emry v. ParkerSupreme Court of North Carolina · 1892
- Balfour Quarry Co. v. West Construction Co.Supreme Court of North Carolina · 1909
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
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