North Carolina National Bank v. Peoples Bank

The majority opinion in this case overlooks Civil Practice Act § 19 (b) (Code Ann. *376§ 81A-119 (b)) covering conditionally necessary parties, wherein it is provided: "When persons who are not indispensable, but who ought to be parties if complete relief is to be accorded between those already parties, have not been made parties and are subject to the jurisdiction of the court, the court shall order them summoned to appear in the action. The court in its discretion may proceed in the action without making such persons parties, if its jurisdiction over them can be acquired only by their consent…