Supreme Court of North Carolina, 1935

Mills v. North Carolina Joint Stock Land Bank

Mills v. North Carolina Joint Stock Land Bank
Supreme Court of North Carolina · Decided November 1, 1935 · Stacy
182 S.E. 336; 208 N.C. 674; 1935 N.C. LEXIS 96 (South Eastern Reporter)
Mills v. North Carolina Joint Stock Land Bank

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Stacy, C. J.

Plaintiffs have incorporated three causes of action in the same complaint. The first two arise out of the insurance policy issued by the Virginia Eire and Marine Insurance Company; the other is based on a deed of trust given to secure a loan from the North Carolina Joint Stock Land Bank. The several causes do not affect all the parties to the action. C. S., 507. The complaint, therefore, is bad as against a demurrer. Atkins v. Steed, ante, 245, and cases there cited.

Dual misjoinder of parties and causes works a dismissal upon demurrer. Carswell v. Whisenant, 203 N. C., 674, 166 S. E., 793; Shuford v. Yarbrough, 198 N. C., 5, 150 S. E., 618; Shemwell v. Lethco, 198 N. C., 346, 151 S. E., 729; Bank v. Angelo, 193 N. C., 576, 137 S. E., 705; Shore v. Holt, 185 N. C., 312, 117 S. E., 165.

Affirmed.

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