GULF LIFE INSURANCE COMPANY v. WATERS

No. 247.

122 S.E.2d 387 (1961)

255 N.C. 553

GULF LIFE INSURANCE COMPANY, and Sherwood H. Smith, Jr., Trustee, v. Charles A. WATERS and wife, Mallie M. Waters.

Supreme Court of North Carolina.

November 1, 1961.


Attorney(s) appearing for the Case

Lassiter, Moore & Van Allen, by Sherwood H. Smith, Jr., Charlotte, for plaintiffs, appellees.

Richard M. Welling, Charlotte, for defendants, Charles A. Waters and wife, Mallie M. Waters, appellants.


PARKER, Justice.

We are concerned here with a question of proper pleading. A demurrer is the proper procedure to test the question as to whether or not there is a misjoinder of parties and causes of action. Johnson v. Scarborough, 242 N.C. 681, 89 S.E.2d 420; Citizens' Nat. Bank of Baltimore v. Angelo Bros., 193 N.C. 576, 137 S.E. 705.

The several...

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