Burns v. . Ashworth .
Supreme Court of North Carolina
Civil actioN tried before Tour gee, J., at the Spring Term, 1874, of the Superior Court of RaNdolpii county. All the facts necessary to be stated are found in the opinion •of the Court. His Honor, on the trial below, dismissed the action, from which judgment the plaintiff appealed.
1Opinion of the Court
ByNüm, J.
After both defendants had answered the complaint, upon the merits, and the case had come to trial, the defendants moved to dismiss, because of the misjoinder of parties defendant, as the case states, but for misjoinder of causes of action, as was insisted here, by the -counsel of the defendants. We must be governed by the record '; but whether the motion was for one or the other cause, the objection could be made by demurrer only. When the demurrable matter does not appear upon the face of the complaint, the objection may be taken by answer, C. C. P. sec. '98. But if it is taken…
2Cases cited1 opinion
- Green v. . GreenSupreme Court of North Carolina · 1873
3Cited by9 opinions
- Carter v. . R. R.Supreme Court of North Carolina · 1900
- State Ex Rel. Commissioners of Warrenton v. ArringtonSupreme Court of North Carolina · 1888
- State ex rel. Carter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Wall, Gay v. . Fairley, McEachin .Supreme Court of North Carolina · 1875
- Kiger v. . HarmonSupreme Court of North Carolina · 1893
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