Aiken v. Manufacturing Co.
Supreme Court of North Carolina
ActioN by Purl Aiken, by bis next friend, against Ebodiss Manufacturing Oo., beard by Judge M. H. Justice, at tbe March Term, 1906, of tbe Superior Court of BuRKe. From tbe denial of a motion to make an additional party defendant, tbe plaintiff appealed.
1Opinion of the Court
Per Curiam,:
The plaintiff moved to amend tbe summons and complaint by making tbe Fidelity & Casualty Co., of New York, a defendant, and for process against said company. Tbe plaintiff, upon tbe facts set out in bis complaint, might have brought bis action against tbe defendant and tbe said Casualty Company. Tbe said company is not, however, a necessary party, for tbe plaintiff may prosecute bis action against the defendant alone. His Honor denied the motion without giving any reasons. As there is a presumption in favor of tbe correctness of tbe ruling, we assume His Honor denied tbe motion in…
2Cases cited1 opinion
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
3Cited by13 opinions
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Guthrie v. City of DurhamSupreme Court of North Carolina · 1915
- Gaither Corporation v. SkinnerSupreme Court of North Carolina · 1953
- Wood v. . KincaidSupreme Court of North Carolina · 1907
- Michigan Sanitarium & Benevolent Ass'n v. NealSupreme Court of North Carolina · 1927
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