Mills v. North Carolina Joint Stock Land Bank

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

Mills v. North Carolina Joint Stock Land Bank

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.

Reference

Full Case Name
ROLAND MILLS and CHARLOTTE MILLS v. THE NORTH CAROLINA JOINT STOCK LAND BANK Et Al.
Cited By
5 cases
Status
Published