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KEARNS v. PRIMM

No. 377.

139 S.E.2d 697 (1965)

263 N.C. 423

Ruth P. KEARNS and Cleo P. Green v. Richard W. PRIMM, Administrator of Archie A. Primm, Deceased, Richard W. Primm, Individually, Dogwood Hosiery Company, and Marie Wright.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

W. H. Steed, Thomasville, for plaintiff appellees.

Russell F. Van Landingham, Thomasville, and Walser, Brinkley, Walser & McGirt, Lexington, for defendant appellants.

BOBBITT, Justice.

Plaintiffs' allegations concern separate and distinct subjects, namely, (1) the Dogwood stock, (2) the Dyers stock, (3) the Marie Wright claim, and (4) Lots Nos. 19 and 20 of the "A. A. Primm Estate Subdivision." Plaintiffs did not state separately the cause of action relating to each of these subjects as required by G.S. § 1-123 and by Rule 20(2), Rules of Practice in the Supreme Court, 254 N.C. 783, 802. Hence, the complaint was subject to...

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