Edmondson v. Henderson
Supreme Court of North Carolina
1Opinion of the CourtJohnson, J.
We are confronted at the outset with the question whether T. 0. Manning is a necessary party to the action.
In Gaither Corp. v. Skinner, 238 N.C. 254, 256, 77 S.E. 2d 659, the Court said, quoting from McIntosh, North Carolina Practice and Procedure, Sec. 209, p. 184: “ ‘Necessary or indispensable parties are those whose interests are such that no decree can be rendered which will not affect them, and therefore the court cannot proceed until they are brought in. Proper parties are those whose interests may be affected by a decree, but the court can proceed to adjudicate the rights of others…
2Cases cited9 opinions
- Equitable Life Assurance Society of the United States v. BasnightSupreme Court of North Carolina · 1951
- Gaither Corporation v. SkinnerSupreme Court of North Carolina · 1953
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Hine v. BlumenthalSupreme Court of North Carolina · 1954
- Peel v. MooreSupreme Court of North Carolina · 1956
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3Cited by15 opinions
- Underwood v. StaffordSupreme Court of North Carolina · 1967
- Wall v. SneedCourt of Appeals of North Carolina · 1972
- N. C. Monroe Construction Co. v. Guilford County Board of EducationSupreme Court of North Carolina · 1971
- Town of Morganton v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1958
- Crickmer v. KingCourt of Appeals of Texas · 1974
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