Legal Opinion

Childers v. Powell

Supreme Court of North Carolina

Decided March 28, 1956No. 311PublishedCited by 11 opinions

1Opinion of the CourtBobbitt, J.

G.S. 1-73 provides, in part, that “when a complete determination of the controversy cannot be made without the presence of other parties, the court must cause them to be brought in.”

The intervenors were not necessary parties to a complete determination of the controversy, if any, as between plaintiff and defendants; and, if not parties, no right or interest they have will be adversely affected by an adjudication of such controversy. Assurance Society v. Basnight, 234 N.C. 347, 67 S.E. 2d 390. It appears from the quoted recital that the court treated the intervenors as necessary parties. If…

2Cases cited3 opinions

  1. City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
  2. Equitable Life Assurance Society of the United States v. BasnightSupreme Court of North Carolina · 1951
  3. City of Shelby v. LackeySupreme Court of North Carolina · 1952

3Cited by11 opinions

  1. Ridge Community Investors, Inc. v. BerrySupreme Court of North Carolina · 1977
  2. Strickland Ex Rel. Steed v. HughesSupreme Court of North Carolina · 1968
  3. Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.Supreme Court of North Carolina · 1978
  4. Ellis v. EllisCourt of Appeals of North Carolina · 1978
  5. Miller v. Lemon Tree Inn of Roanoke Rapids, Inc.Court of Appeals of North Carolina · 1977

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