GULF LIFE INSURANCE COMPANY v. Waters

We are concerned here with a question of proper pleading. A demurrer is the proper procedure to test the question as to whether or not there is a misjoinder of parties and causes of action. Johnson v. Scarborough, 242 N.C. 681, 89 S.E. 2d 420; Bank v. Angelo, 193 N.C. 576, 137 S.E. 705.

The several causes of action which may be united or joined in the same complaint are classified and enumerated in G.S. 1-123, and in addition the following limitation is expressly incorporated therein: “But the causes of action so united must all belong to one of these classes, and, except in actions for the…