BURTON v. CITY OF REIDSVILLE

No. 22.

83 S.E.2d 651 (1954)

240 N.C. 577

John H. BURTON and Earl Burton, representing the citizens and taxpayers of the City of Reidsville, and such other taxpayers as shall ask to be made parties to this action, Plaintiffs, J. W. Amos, Mrs. C. E. Warner and Claude S. Burton, Additional Parties Plaintiff, and parties who have requested to be made additional parties plaintiff: Mr. and Mrs. J. W. Moricle; Mr. and Mrs. John Busick; Mr. and Mrs. James Wilson; Mrs. Bertha Collins; Mr. and Mrs. Herbert Ford; Mr. and Mrs. Walter Chaney; Mr. and Mrs. W. L. Coleman; Mr. and Mrs. Lee Somers; Mr. and Mrs. L. G. Stanley; Mr. and Mrs. Lonnie Brown; Mr. and Mrs. Lewis Golden; Mr. and Mrs. Numa Robertson; Mr. and Mrs. H. P. Hall; Miss Ada Bowes; Mr. and Mrs. E. V. Boswell; Mr. and Mrs. W. D. Stanley; Mr. Robert L. Stanley; Mr. T. L. Gardner; Mr. P. M. Ware; Mr. and Mrs. Henry Doss; Mrs. Robert Craddock; Mr. and Mrs. Clarence Moore; Mrs. Annie Allington; Mr. and Mrs. Herman Hazlip; Mr. Melvin Moricle; Mr. and Mrs. R. G. Faircloth and Mrs. A. Z. Hooper, herein designated as Adverse Parties Plaintiff, v. The CITY OF REIDSVILLE; George Hunt, James L. Thompson, Sr., W. B. Pipkin, Clyde Cobb and William C. Springs in their capacity as Members of the City Council of the City of Reidsville and also In their capacity as individuals.

Supreme Court of North Carolina.

September 22, 1954.


Attorney(s) appearing for the Case

Julius J. Gwyn, Reidsville, for plaintiffs, appellants.

Jule McMichael and Claude S. Scurry, Reidsville, for defendants, appellees.

Sharp & Robinson, Reidsville, for adverse parties plaintiff, appellees.


JOHNSON, Justice.

In order to justify joinder of parties plaintiff the interests of the plaintiffs must be consistent. True, the unity or identity of interest required at common law is not necessary under the Code, G.S. §§ 1-68, 1-70; Wilson v. Horton Motor Lines, 207 N.C. 263, 176 S.E. 750, but two or more plaintiffs representing opposing interests with reference to the main purpose of the action may not be joined. Osborne v. Canton, 219 N.C. 139, 13 S...

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