Robinson v. . Williams

Supreme Court of North Carolina
Robinson v. . Williams, 126 S.E. 621 (N.C. 1925)
189 N.C. 256; 1925 N.C. LEXIS 297
Stacy

Robinson v. . Williams

Opinion of the Court

Stacy, J.

The demurrer was properly overruled. It is held with us that where there is a misjoinder, both of parties and of causes of action, and a demurrer interposed upon this ground, .the demurrer should be sustained and the action dismissed. Shore v. Holt, 185 N. C., 312; Rose v. Warehouse Co., 182 N. C., 107; Roberts v. Mfg. Co., 181 N. C., 204. But this is not our case. The present action is brought by a number of creditors, who file a creditors’ bill, or a bill in equity, to establish the existence of a partnership between the defendants, to obtain judgments on their respective claims, and to set aside, as a fraudulent conveyance, an $18,000-mortgage given by one of the defendants to the other on all the assets of the alleged copartnership. Such relief may *257 properly be bad in a single suit, and several or all of tbe creditors may unite as parties plaintiff in tbe same action. Wofford v. Hampton, 173 N. C., 686; Smith v. Summerfield, 108 N. C., 284; Hancock v. Wooten, 107 N. C., 9; Bank v. Harris, 84 N. C., 206; Fisher v. Bank, 132 N. C., p. 773.

Nor will a creditor be denied tbe right to join as party plaintiff in tbis action pending in tbe Superior Court, because bis claim is less than $200.00. Machine Co. v. Burger, 181 N. C., 241. Tbe proceeding is one in equity, and tbe full relief sought may be administered only in a court of equity. Mebane v. Layton, 86 N. C., 572; Fisher v. Webb, 84 N. C., 44.

Affirmed.

Reference

Full Case Name
J. W. Robinson v. W. B. Williams and W. D. Williams, Copartners, Trading as Dixie Sales Company.
Cited By
11 cases
Status
Published