Legal Opinion

Mills v. North Carolina Joint Stock Land Bank

Supreme Court of North Carolina

Decided November 1, 1935PublishedCited by 5 opinions

1Opinion of the CourtStacy, C. J.

Plaintiffs have incorporated three causes of action in the same complaint. The first two arise out of the insurance policy issued by the Virginia Eire and Marine Insurance Company; the other is based on a deed of trust given to secure a loan from the North Carolina Joint Stock Land Bank. The several causes do not affect all the parties to the action. C. S., 507. The complaint, therefore, is bad as against a demurrer. Atkins v. Steed, ante, 245, and cases there cited.

Dual misjoinder of parties and causes works a dismissal upon demurrer. Carswell v. Whisenant, 203 N. C., 674, 166 S. E., 793;…

2Cases cited5 opinions

  1. Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
  2. Shore v. . HoltSupreme Court of North Carolina · 1923
  3. Shuford v. . YarbroughSupreme Court of North Carolina · 1929
  4. Carswell Ex Rel. Carswell v. WhisenantSupreme Court of North Carolina · 1932
  5. Shemwell Ex Rel. Shemwell v. LethcoSupreme Court of North Carolina · 1930

3Cited by5 opinions

  1. Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
  2. McKinley v. HinnantSupreme Court of North Carolina · 1955
  3. Wingler v. . MillerSupreme Court of North Carolina · 1942
  4. Casey v. GranthamSupreme Court of North Carolina · 1954
  5. Casey v. GranthamSupreme Court of North Carolina · 1954

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API