Legal Opinion

Bennett v. Shelton

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 5 opinions

This was an action brought by plaintiff to recover a saw mill in possession of the defendant. At May Term, 1895, of Halifax Superior Court, W. P. White moved to be made a party defendant in order to set up a cause of action against the Lane Manufacturing Company as fully set out in his affidavit. His Honor being of the opinion that White was a necessary party allowed the motion and plaintiff appealed.

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This was an action brought by plaintiff to recover a saw mill in possession of the defendant. At May Term, 1895, of Halifax Superior Court, W. P. White moved to be made a party defendant in order to set up a cause of action against the Lane Manufacturing Company as fully set out in his affidavit. His Honor being of the opinion that White was a necessary party allowed the motion and plaintiff appealed. The affidavit was in substance, as follows: “1. In_, 189 — ., plaintiff, acting as agent for the Lane Manufacturing Company, contracted with said White to sell him a Lane Manufacturing Company…

1Opinion of the Court

Clark, J.:

The plaintiff should have had his exception to the order making an additional party noted in the record, so that if he has suffered detriment thereby (which can rarely be the case) the order may be reviewed on appeal from the final judgment should it go against him. The appeal is premature and must be dismissed. Lane v. Richardson, 101 N. C., 181; Emry v. Parker, 111 N. C., 261.

Appeal Dismissed.

2Cases cited2 opinions

  1. Emry v. ParkerSupreme Court of North Carolina · 1892
  2. Lane v. . RichardsonSupreme Court of North Carolina · 1888

3Cited by5 opinions

  1. City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
  2. Bernard v. Shemwell.Supreme Court of North Carolina · 1905
  3. Barbee v. . CannadySupreme Court of North Carolina · 1926
  4. Joyner v. Champion Fiber Co.Supreme Court of North Carolina · 1919
  5. Wood v. City of FayettevilleCourt of Appeals of North Carolina · 1978

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