State Ex Rel. Etchison v. McGuire
Cases that cite this one
5 later published cases cite this decision.
- Burgess v. Trevathan (N.C. 1952)
- City of Raleigh v. Edwards (N.C. 1951)
- Trust Co. v. . Whitehurst (N.C. 1931)
- State Planters Bank & Trust Co. v. Whitehurst (N.C. 1931)
- Carson v. National Life Insurance (N.C. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiffs except to and appeal from an order of his Honor, Judge Justice, at September Term, 1907, of the Superior Court of Davie County, directing that W. A. Bailey be made a party defendant'and that a summons issue, returnable to the following term. The defendant moves to dismiss the appeal in this Court upon the ground that it is premature, and we are of opinion that, under the authorities,' the motion must be allowed.
*389 There may be cases, where the injury to a party’s right is manifest, in which this Court will entertain such an appeal, but the wrong done these plaintiffs by the order has not been made plain to us. The Court has- said: “It can very rarely happen that making an additional party will be a serious prejudice, and hence such orders are usually discretionary and not revi,ewable.” Bernard v. Shemwell, 139 N. C., 447; Tillery v. Candler, 118 N. C., 889, and cases cited; The Code, sec. 273.
Appeal Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.