Mills v. North Carolina Joint Stock Land Bank
Cases that cite this one
4 later published cases cite this decision.
- Casey v. Grantham (N.C. 1954)
- McKinley v. Hinnant (N.C. 1955)
- Mills v. CAROLINA CEMETERY PARK CORPORATION (N.C. 1955)
- Wingler v. . Miller (N.C. 1942)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.