Smith v. Gibbons

Tbe complaint states three causes of action, and tbe question arises, Are they improperly united? Gr.S. 1-127 (5).

Tbe first cause of action arises on a contract, and tbe second and third causes of action arise in tort. Hence, they could not have been united in tbe same complaint at common law. McIntosh: North Carolina'Practice and Procedure in Civil Cases, section 420. Besides, it is apparent that tbe joinder of tbe first cause of action with the second and third causes of action is not even sanctioned by tbe Code of Civil Procedure unless they fall within tbe purview of tbe section providing…