ERICKSON v. STARLING

No. 453.

64 S.E.2d 832 (1951)

233 N.C. 539

ERICKSON et al. v. STARLING et al.

Supreme Court of North Carolina.

May 2, 1951.


Attorney(s) appearing for the Case

Lassiter, Leager & Walker, Raleigh, for plaintiffs, appellees.

Smith, Leach & Anderson and James K. Dorsett, Jr., Raleigh, for defendants, appellants.


STACY, Chief Justice.

While the complaint in this action contains 80 separate allegations and covers 22 pages of the record, in its final analysis the case comes to a very narrow compass. Is there a misjoinder of parties and causes of action? The trial court thought not, and we approve.

It is readily conceded that a misjoinder of parties and causes of action in the same complaint is demurrable, and the court is without authority, in such case, to order a severance...

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