J.I. CASE CREDIT CORP. v. EAGLE EQUIPMENT CO.

No. 697SC537.

171 S.E.2d 46 (1969)

7 N.C. App. 29

J. I. CASE CREDIT CORPORATION v. EAGLE EQUIPMENT COMPANY, Inc., H. M. Barnes, Jr., Beryl T. Barnes, Vernon H. Barnes, Marie H. Barnes, Lotis W. Joyner and Dorothy B. Joyner.

Court of Appeals of North Carolina.

December 17, 1969.


Attorney(s) appearing for the Case

Vernon F. Daughtridge, Wilson, for defendant appellants.

Narron & Holdford, by William H. Holdford, Wilson, for plaintiff appellee.


CAMPBELL, Judge.

The question presented is whether Case is a necessary party defendant. If Case is a proper but not a necessary party, then the only attack which could be mounted on the decision in the trial court would require a showing of an abuse of discretion. Necessary parties must be brought into the action. Proper parties may be brought into the action, but whether they are brought in or not is a matter within the discretion of the court.

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