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GILLIAM v. RUFFIN

No. 68SC143.

162 S.E.2d 145 (1968)

1 N.C. App. 503

Charles W. GILLIAM and wife Hettie P. Gilliam v. Bruce RUFFIN and wife, Pauline J. Ruffin; Charles Ruffin and wife, Jo Ann B. Ruffin; Ruffin & Ruffin Realty & Construction Inc., a corporation; R. G. Hancock and wife, Cora E. Hancock; Jerry Williams and BOFA, Inc., a corporation.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

David M. Clark and Fred M. Upchurch, Greensboro, for plaintiffs appellants.

David I. Smith, Greensboro, for individual defendants Ruffin and corporate defendant Ruffin, appellees.

Hoyle, Boone, Dees & Johnson, by J. Sam Johnson, Jr., Greensboro, for defendants Hancock, appellees.

MORRIS, Judge.

The sole question presented by this appeal is whether there is a misjoinder of parties and causes of action.

G.S. § 1-123 provides that several causes of action may be united in the same complaint where they all arise out of "1. The same transaction, or transaction connected with the same subject of action."

Assuming arguendo that the six separately stated causes of action meet this provision of the statute, they do not comply...

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