City of Shelby v. Lackey

An examination of tbe complaint filed in tbis action fails to disclose that tbe additional parties plaintiff are in any way interested in tbe subject matter of tbe action, or that they are citizens of tbe City of Shelby, or property owners therein, or that they will be injuriously affected by tbe nonconforming use of tbe defendants’ property for business purposes. Hence, we think, in tbe absence of appropriate pleadings in tbis respect, tbe demurrer should have been sustained as to these additional parties plaintiff. Tbe ruling, however, in so far as it may have applied to a misjoinder of…