# City of Wilmington v. Board of Education

> Supreme Court of North Carolina · May 20, 1936 · 210 N.C. 197

URL: https://www.frixlaw.com/law-library/cases/3654069

## Case

- **Full name:** City of Wilmington v. Board of Education of New Hanover County.
- **Court:** Supreme Court of North Carolina
- **Decided:** May 20, 1936
- **Citations:** 210 N.C. 197; 185 S.E. 767; 1936 N.C. LEXIS 54
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 11 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/3654069

## Opinion text

Per Curiam.
It very rarely happens that the making of additional parties proves prejudicial, and hence orders making such parties are discretionary with the trial court, and are not reviewable upon appeal.
Tillery v. Candler,
118 N. C., 888 ;
Bernard v. Shemwell,
139 N. C., 446 ;
Maggett v. Roberts,
108 N. C., 174 . By proper amendment new parties may be brought into a pending action.
Dobson v. Southern Ry. Co.,
129 N. C., 289 .
A judge of the Superior Court has within his sound discretion the statutory authority to permit the plaintiff to amend his complaint when thereby the ground for the alleged cause is not so substantially changed as to become a new or different cause of action.
Goins v. Sargent,
196 N. C., 478 ; C. S., 547.
The appellant takes the position in its brief that should the additional party be made, and should the complaint be amended as allowed by his Honor’s order, no cause of action would then be alleged against it. However this may be, the proper way in which to present that question is by demurrer to the complaint when amended, and not by exception to the order allowing such amendment.
The appeal is premature, and therefore is dismissed.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3654069. Public record. Not legal advice.