Opinion

Morgan v. . Turnage Co., Inc.

  • 213 N.C. 425
  • 196 S.E. 307
  • 1938 N.C. LEXIS 105
Court
Supreme Court of North Carolina
Filed
Apr 13, 1938
Status
Published
On the bench
PER CURIAM.
Cited by
5 cases
Authority
More cited than 80.2%

The opinion

Per Curiam.

Tbe defendant appealed from an order of tbe court below making additional parties defendant. Tbe power of tbe judge to make additional parties to an action is well settled, and it does not appear that tbe order appealed from will change tbe cause of action or work injustice to tbe appellant.

Tillery v. Candler,

118 N. C., 888 , 24 S. E., 709 ;

Mills v. Callahan,

126 N. C., 756 , 36 S. E., 164 ;

Bernard v. Shemwell,

139 N. C., 446 , 52 S. E., 64 ;

Joyner v. Fiber Co.,

178 N. C.,

*426

634, 101 S. E., 373 ;

Barbee v. Cannady,

191 N. C., 529 , 132 S. E., 281 ;

Wilmington v. Board of Education,

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

As was said in

Bernard v. Shemwell, supra,

“It can very rarely happen that making an additional party will be a serious prejudice, and hence such orders are usually discretionary and not reviewable.”

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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