Legal Opinion

Gilliam v. Ruffin

Court of Appeals of North Carolina

Decided July 10, 1968Published

1Opinion of the CourtMorris, J.

The sole question presented by this appeal is whether there is a misjoinder of parties and causes of action.

G.S. 1-123 provides that several causes of action may be united in the same complaint where they all arise out of “1. The same transaction, or transaction connected with the same subject of action.”

Assuming arguendo that the six separately stated causes of action meet this provision of the statute, they do not comply with that portion of the statute providing as follows: “But the causes of action so united must all belong to one of these classes, and, except in actions for the…

2Cases cited1 opinion

  1. Kearns v. PrimmSupreme Court of North Carolina · 1965

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