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TEAGUE v. SILER CITY OIL CO.

No. 238.

61 S.E.2d 345 (1950)

232 N.C. 469

TEAGUE et ux. v. SILER CITY OIL CO. et al.

Supreme Court of North Carolina.

October 11, 1950.

Attorney(s) appearing for the Case

Bell & Horton, Pittsboro, Thos. C. Carter, Burlington, and Long & Ross, Graham, for plaintiff appellants.

Smith, Wharton, Sapp & Moore, Greensboro, for defendant appellee American Oil Company.

J. L. Moody, L. P. Dixon, Siler City, and Barber & Thompson, Pittsboro, for defendant appellee Siler City Oil Company.

BARNHILL, Justice.

Does a Superior Court judge have authority to permit the filing of a new complaint after the opinion of this Court, reversing judgment overruling a demurrer for misjoinder of parties and causes of action, has been certified down but before final judgment in the Superior Court? This is the one specific question presented for decision. The court below said no. We are constrained to reverse.

Where the ground of demurrer is the misjoinder of...

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