Rowland v. . Gardner
Supreme Court of North Carolina
This was a civil action to recover possession of a tract, of land, tried before his Honor, Henry, J., at the Spring Term, 1873, of the Superior Court of Yancey county. After answer filed at the trial term, but before the trial,, the defendant’s counsel moved the Court for a rule upon the-plaintiff to produce the authority under which the suit is brought in the name of the heirs of Thomas Wilson, deceased. This motion was overruled, and the defendant’s counsel excepted.
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This was a civil action to recover possession of a tract, of land, tried before his Honor, Henry, J., at the Spring Term, 1873, of the Superior Court of Yancey county. After answer filed at the trial term, but before the trial,, the defendant’s counsel moved the Court for a rule upon the-plaintiff to produce the authority under which the suit is brought in the name of the heirs of Thomas Wilson, deceased. This motion was overruled, and the defendant’s counsel excepted. He then moved the Court to compel plaintiffs to amend their complaint so as to aver the death of Thomas Wilson, and that the…
1Opinion of the CourtSettle, J.
None of the defendant’s exceptions are well taken.
The demand, when the case was called for trial, that the plaintiff’s counsel should show his authority for using the names of the heirs of Thomas Wilson as plaintiffs, came too late. Rice v. Rice, 66 N. C. Rep. 377.
The objection that there is a misjoinder of parties is of no ■consequence.
Under our new practice the failure to join a proper party is an important matter, but the joinder of unnecessary parties, either as plaintiffs or defendants, is immaterial, save ■only as it may affect the question of costs.
The plaintiff, Rowland, after showing…
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