Logan v. . Wallis
Supreme Court of North Carolina
Practice — Joinder of Actions — Demurrer. Civil Action, tried at Spring Term, 1876, of Ruthereori> Superior Court, before Schenck, J. The plaintiff's in this ease are R. W. Logan and George W. Logan, and the defendants are three in number, to-wit, A. D. X.'Wallis, W. 0. Wallis, and R. J. Williams.
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Practice — Joinder of Actions — Demurrer. Civil Action, tried at Spring Term, 1876, of Ruthereori> Superior Court, before Schenck, J. The plaintiff's in this ease are R. W. Logan and George W. Logan, and the defendants are three in number, to-wit, A. D. X.'Wallis, W. 0. Wallis, and R. J. Williams. The complaint states five causes of action in respect to which it demanded relief. 1. Eor the rent of a house at Chimney Rock which George W. Logan demised to A. I). X. Wallis. 2. For the rent of another house and field which George. W. Logan demised to A. I). K. Wallis. 3. For the rent of a third…
1Opinion of the CourtRodmaN, J.
(After stating the facts as above.) It will . be convenient to consider first the misjoinder of subjects of action because our conclusion upon that may make unnecessary any consideration of the other causes of demurrer.
It must be admitted that the first three causes of action may properly be joined. C. C. P. § 126, (sub sec. 2.) For although Justice might have been sued as a joint contractor with A. D. K. Wallis, the plaintiff might sue the latter alone. C. C. P. § 63. These causes of action are all fcAmded on contract. No cause of action founded on a tort could be joined with these unless…
2Cited by19 opinions
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- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Street v. . TuckSupreme Court of North Carolina · 1881
- State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
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