Legal Opinion

Owen v. . Hines

Supreme Court of North Carolina

Decided March 19, 1947PublishedCited by 11 opinions

1Opinion of the CourtWinborne, J.

Two questions arise bn this appeal: (1) Does the complaint contain a misjoinder of causes of action? (2) Is there a mis-joinder of parties to the action? Testing the complaint by well settled principles of law in this State, a negative answer to each question follows.(1) The general rule, deducible from the decisions of this Court pertaining to the appropriate statute, G. S., 1-123, is that, if the causes of action be not entirely distinct and unconnected, if they arise out of one and the same transaction, or a series of transactions forming one dealing and all tending to one end, if one…

2Cases cited6 opinions

  1. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  2. Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
  3. Bedsole v. . MonroeSupreme Court of North Carolina · 1848
  4. Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
  5. Small v. . SmallSupreme Court of North Carolina · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Booker v. EverhartSupreme Court of North Carolina · 1978
  2. Elmore v. AustinSupreme Court of North Carolina · 1950
  3. Anderson Federal Savings & Loan Ass'n v. Guardianship of DavidsonIndiana Court of Appeals · 1977
  4. Matter of Estate of ArmfieldCourt of Appeals of North Carolina · 1994
  5. Bright v. WilliamsSupreme Court of North Carolina · 1957

6 more not listed; retrieve them via the Exa API.

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