Gillispie v. Goodyear Service Stores

Where there is a misjoinder of parties and causes of action, a judgment sustaining a demurrer to the complaint on that ground necessitates a dismissal of the action. Tart v. Byrne, 243 N.C. 409, 90 S.E. 2d 692; Snotherly v. Jenrette, 232 N.C. 605, 61 S.E. 2d 708, and cases cited.

The judgments now under consideration do not specify the ground on which the demurrers were sustained. However, the fact the court did not dismiss the 'action but granted plaintiff leave to file an amended complaint indicates the court sustained the demurrers on the ground the complaint did not state facts sufficient…