Star Furniture Co. v. Carolina & Northwestern Railway Co.

Stacy, C. J.,

after stating the case: It should be observed, at the outset, that we are not dealing with the merits of the controversy, but with the sufficiency of the allegations of the complaint. Ballinger v. Thomas, ante, 517. The case is here on demurrer, restricted to the two grounds specified and designated therein. C. S., 512.

The demurrer was properly overruled on the first ground, i. e., of an alleged misjoinder of parties. It is no “defect of parties” to join unnecessary parties. Abbott v. Hancock, 123 N. C., 99, 31 S. E., 368; C. S., 511. Furthermore, it is only when there is a…