Legal Opinion

State Ex Rel. North Carolina Utilities Commission v. Johnson

Supreme Court of North Carolina

Decided May 9, 1951No. 595PublishedCited by 3 opinions

1Opinion of the CourtDeviN, J.

It is apparent that the plaintiff has improperly sought to unite in the same complaint separate and distinct causes of action against five different persons among whom there is no joint or common liability and no privity or community of interest. Suit against one of the defendants for the causes alleged in nowise affects the other four, and hence joinder may not be permitted under G.S. 1-123 which requires that the causes of action set out in the complaint “must affect all the parties to the action.”

“It has been uniformly held by this Court that separate and distinct causes of action set up…

2Cases cited8 opinions

  1. Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
  2. Smith v. Greensboro Joint Stock Land BankSupreme Court of North Carolina · 1938
  3. Wingler v. . MillerSupreme Court of North Carolina · 1942
  4. Town of Wllkesboro v. JordanSupreme Court of North Carolina · 1937
  5. Davis v. . WhitehurstSupreme Court of North Carolina · 1948

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

3Cited by3 opinions

  1. Orkin Exterminating Company v. O'HANLONSupreme Court of North Carolina · 1956
  2. Johnson v. ScarboroughSupreme Court of North Carolina · 1955
  3. GULF LIFE INSURANCE COMPANY v. WatersSupreme Court of North Carolina · 1961

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