State Ex Rel. North Carolina Utilities Commission v. Johnson
Cases that cite this one
3 later published cases cite this decision.
- Johnson v. Scarborough (N.C. 1955)
- GULF LIFE INSURANCE COMPANY v. Waters (N.C. 1961)
- Orkin Exterminating Company v. O'HANLON (N.C. 1956)
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
It is apparent that the plaintiff has improperly sought to unite in the same complaint separate and distinct causes of action against five different persons among whom there is no joint or common liability and no privity or community of interest. Suit against one of the defendants for the causes alleged in nowise affects the other four, and hence joinder may not be permitted under G.S. 1-123 which requires that the causes of action set out in the complaint “must affect all the parties to the action.”
“It has been uniformly held by this Court that separate and distinct causes of action set up by different plaintiffs or against different defendants may not be incorporated in the same pleading, and that such a mis-joinder would require dismissal of the action.” Snotherly v. Jenrette, 232 N.C. 605, 61 S.E. 2d 708; Foote v. Davis & Co., 230 N.C. 422, 53 S.E. 2d 311; Davis v. Whitehurst, 229 N.C. 226, 49 S.E. 2d 394; Southern Mills v. Yarn Co., 223 N.C. 479, 27 S.E. 2d 289; Wingler v. Miller, 221 N.C. 137, 19 S.E. 2d 247; Smith v. Land Bank, 213 N.C. 343, 196 S.E. 481; Wilkesboro v. Jordan, 212 N.C. 197, 193 S.E. 155; Bank v. Angelo, 193 N.C. 576, 137 S.E. 705.
The demurrers should have been sustained and the action dismissed.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.