KIMSEY v. REAVES

No. 238.

89 S.E.2d 386 (1955)

242 N.C. 721

Donald William KIMSEY, by next friend, Betty Jane Kimsey, v. Carl E. REAVES and wife, Bertie G. Reaves, and Trady T. Johnston, Sr.

Supreme Court of North Carolina.

October 12, 1955.


Attorney(s) appearing for the Case

Jones & Small, Charlotte, for defendant appellants.

Henry L. Strickland and Wm. H. Booe, Charlotte, for appellees.


BARNHILL, Chief Justice.

Ordinarily it is within the discretion of the court to allow or deny a motion to make a party who is not a necessary party to the proceeding a party plaintiff or defendant, and the order entered is not reviewable. Aiken v. Rhodiss Mfg. Co., 141 N.C. 339, 53 S.E. 867; Guthrie v. Durham, 168 N.C. 573, 84 S.E. 859.

"The question of primary and secondary liability is for the offending parties to adjust between themselves." Dillon v. City...

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