Shuford v. . Yarborough

Stacy, O. J.

The demurrer was properly overruled on both grounds. C. S., 507 and annotations.

A “defect of parties” applies to necessary parties, and not to unnecessary ones. Winders v. Hill, 141 N. C., 694, 54 S. E., 440.

It is not a misjoinder of parties and causes for the receiver of a corporation to sue its president and treasurer for wrongfully abstracting and misappropriating funds of the corporation and at the same time join as party defendant his surety or the guarantor of his honesty and fidelity. Carswell v. Talley, 192 N. C., 37, 133 S. E., 181; Robinson v. Williams, 189 N. C., 256,…