City of Durham v. REIDSVILLE ENGINEERING COMPANY

The additional defendants are relying upon two exceptions and the assignments of error based thereon as follows: (1) That the Judge of the Superior Court erred in overruling their demurrer in that the cross-action of the Casualty Company does not state facts sufficient to constitute a cause of action; and (2) that the Judge of the Superior Court erred in overruling the demurrer to the amended cross-action of the Casualty Company in that there is a misjoinder of parties and causes of action.

With respect to the first assignment of error, it was stipulated that the pertinent portions of the…