MacPherson v. City of Asheville

HUSKINS, Justice.

Rule 25(d) of the Rules of Civil Procedure provides: “In case of any transfer of interest other than by death, the action shall be continued in the name of the original party; but, upon motion of any party, the court may allow the person to whom the transfer is made to be joined with the original party.” (Emphasis added.) The Ervin Company moved that it be made a party defendant pursuant to Rule 25(d). Since the movant was not a party to the action, plaintiffs contend it could not properly make such motion and that the court erred in allowing it. This is the basis for…