Wall v. Sneed

HEDRICK, Judge.

In Construction Co. v. Board of Education, 278 N.C. 633, 180 S.E. 2d 818 (1971), Justice Lake quoted from the opinion of Justice Johnson in Morganton v. Hutton & Bourbonnais Company, 247 N.C. 666, 101 S.E. 2d 679 (1958), as follows:

“ ‘Whenever, as here, a fatal defect of parties is disclosed, the Court should refuse to deal with the merits of the case until the absent parties are brought into the action, and in the absence of a proper motion by a competent person, the defect should be corrected by ex mero motu ruling of the Court.’ See also: Edmondson v. Henderson, 246 N.C.…