Stowe v. City of Gastonia

Supreme Court of North Carolina
Stowe v. City of Gastonia, 231 N.C. 157 (N.C. 1949)
Winborne

Stowe v. City of Gastonia

Opinion of the Court

Winborne, J.

There is striking similarity in the allegations contained in the complaint in the present action and those set forth in. the complaints in the case of Moses v. Town of Morganton, and others, reported in 192 N.C. 102, 133 S.E. 421, and in the case of Lineberger v. City of Gastonia, and others, reported in 196 N.C. 445, 146 S.E. 79. It is there held, under similar circumstances and conditions, that there was no misjoinder of parties or of causes of action.

The cases of Hampton v. Spindale, 210 N.C. 546, 187 S.E. 775, and Clinard v. Town of Kernersville, 215 N.C. 745, 3 S.E. 2d 267, upon which appellants rely, are distinguishable in factual situation.

Hence, upon the authority of Moses v. Morganton, supra, and Lineberger D. Gastonia, supra, in pertinent aspect, the demurrers were properly overruled.

Affirmed.

Reference

Full Case Name
MAMIE STOWE v. THE CITY OF GASTONIA, a Municipal Corporation, and GASTONIA COMBED YARN CORPORATION
Status
Published