Erickson v. Starling

Stagy, O. J.

While the complaint in this action contains 80 separate allegations and covers 22 pages of the record, in its final analysis the case comes to a very narrow compass. Is there a misjoinder of parties and causes of action? The trial court thought not, and we approve.

It is readily conceded that a misjoinder of parties and causes of action in the same complaint is demurrable, and the court is without authority, in such case, to order a severance of the causes of action for trial under the provisions of G.S. 1-132. Teague v. Oil Co., 232 N.C. 65, 59 S.E. 2d 2; Rose v. Warehouse Co.,…