# City of Shelby v. Lackey

> Supreme Court of North Carolina · March 26, 1952 · 235 N.C. 343

URL: https://www.frixlaw.com/law-library/cases/1374765

## Case

- **Full name:** CITY OF SHELBY; ZEB MAUNEY, Building Inspector for the CITY OF SHELBY, and on Behalf of the CITY OF SHELBY, as Its Building Inspector, v. W. D. LACKEY and Wife, LILLIAN Z. LACKEY; EVANS LACKEY and Wife, MARY I. LACKEY; ISABEL L. MOSER; And LACKEY PONTIAC, INC.
- **Court:** Supreme Court of North Carolina
- **Decided:** March 26, 1952
- **Citations:** 235 N.C. 343; 69 S.E.2d 607; 1952 N.C. LEXIS 389
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1374765

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1374765. Public record. Not legal advice.