Railroad Co. v. Hardware Co.
Supreme Court of North Carolina
ActioN by Pittsburg, Johnstown, Ebensburg and Eastern Kailroad Company against Wakefield Hardware Company, beard by Judge Fred Moore and a jury, at the August Term, 1906, of the Superior Court of GuilroRd. This case was here, 135 N. O., 73, when a demurrer for misjoinder was sustained because the surety on the attachment bond had been joined as defendant. It was again here, 138 N. O., 174, when a demurrer to the complaint was overruled.
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ActioN by Pittsburg, Johnstown, Ebensburg and Eastern Kailroad Company against Wakefield Hardware Company, beard by Judge Fred Moore and a jury, at the August Term, 1906, of the Superior Court of GuilroRd. This case was here, 135 N. O., 73, when a demurrer for misjoinder was sustained because the surety on the attachment bond had been joined as defendant. It was again here, 138 N. O., 174, when a demurrer to the complaint was overruled. The defendant had instituted an action against the Coke and Coal Company, a corporation of this State, for the recovery of $415 for car material, and joined…
1Opinion of the Court
This case was here, 135 N.C. 73, when a demurrer for misjoinder was sustained because the surety on the attachment bond had been joined as defendant. It was again here, 138 N.C. 174, when a demurrer to the complaint was overruled. The defendant had instituted an action against the Coke and Coal Company, a corporation of this State, for the recovery of $415 for car material, and joined the plaintiff herein, a railroad company incorporated in Pennsylvania, as co-defendant. The two companies had at that time the same officers and nearly the same stockholders, and the material had been used on…
2Cases cited3 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905
- Sharpe v. Southern Railway Co.Supreme Court of North Carolina · 1902
3Cited by37 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Elam v. Smithdeal Realty & InsuranceSupreme Court of North Carolina · 1921
- Elam v. . Realty Co.Supreme Court of North Carolina · 1921
- Carmichael v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1911
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
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