Opinion

City of Shelby v. Lackey

  • 235 N.C. 343
  • 69 S.E.2d 607
  • 1952 N.C. LEXIS 389
Court
Supreme Court of North Carolina
Filed
Mar 26, 1952
Status
Published
On the bench
Per Curiam
Cited by
3 cases
Authority
More cited than 75.1%

The opinion

*344

PeR Curiam.

Tbe demurrer interposed in the court below was to the petition and motion only. The defendants did not demur to- the pleadings which the additional parties were permitted to adopt.

An appeal does not lie to the Supreme Court from an interlocutory order of the Superior Court, unless such order deprives the appellant of a substantial right which he might lose if the order is not reviewed before final judgment. G.S. 1-277;

City of Raleigh v. Edwards,

234 N.C. 528 , 67 S.E. 2d 669 .

It is ordinarily within the discretion of the trial judge to .make additional parties. G.S. 1-163;

Insurance Co. v. Motor Lines,

225 N.C. 588 , 35 S.E. 2d 879 ;

Wilmington v. Board of Education,

210 N.C. 197 , 185 S.E. 767 .

The order entered below making additional parties plaintiff did not impair any substantial right of the defendants which would warrant an appeal.

Appeal dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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