MILLER v. JONES

No. 606.

151 S.E.2d 23 (1966)

268 N.C. 568

Charles MILLER v. Walter L. JONES and wife, Annie C. Jones.

Supreme Court of North Carolina.

November 23, 1966.


Attorney(s) appearing for the Case

Coltrane & Gavin, Asheboro, for plaintiff.

Seawell, Seawell & Van Camp, Carthage, for defendant.


PER CURIAM.

A defect of parties occurs when there has been a failure to join either a plaintiff or a defendant whose presence in the suit is necessary to give the court jurisdiction and authority to decide the controversy. When such a defect appears from the complaint itself, it is a ground for demurrer, G.S. § 1-127(4), and a fatal defect unless the necessary party is brought in under G.S. § 1-73. A superfluity of parties is not a defect of parties; it...

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