Legal Opinion

Cotten v. Laurel Park Estates, Inc.

Supreme Court of North Carolina

Decided January 31, 1928PublishedCited by 7 opinions

1Per curiam

The defendants demurred for misjoinder of causes of action and for misjoinder of parties, and appealed to the Supreme Court from the judgment overruling tbe demurrer.

The defendants argue, with persuasive but not convincing reasoning, that there is a misjoinder of causes of action and parties. That the complaint is bad for multifariousness; that the complaint contains inconsistent and contradictory causes of action. We cannot so interpret it. Taking the three causes of action, although inartificially set forth, as a whole — not disconnectedly — we think under a liberal construction, “with a…

2Cases cited4 opinions

  1. State v. . McCanlessSupreme Court of North Carolina · 1927
  2. Robinson v. . WilliamsSupreme Court of North Carolina · 1925
  3. Wadford v. . DavisSupreme Court of North Carolina · 1926
  4. Killian v. . HannaSupreme Court of North Carolina · 1927

3Cited by7 opinions

  1. Leach v. . PageSupreme Court of North Carolina · 1937
  2. Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
  3. Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
  4. Jeffreys v. HocuttSupreme Court of North Carolina · 1928
  5. Jeffreys v. . HocuttSupreme Court of North Carolina · 1928

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