City of Shelby v. Lackey

Supreme Court of North Carolina
City of Shelby v. Lackey, 69 S.E.2d 607 (N.C. 1952)
235 N.C. 343; 1952 N.C. LEXIS 389
Per Curiam

City of Shelby v. Lackey

Opinion

*344 PeR Curiam.

Tbe demurrer interposed in the court below was to the petition and motion only. The defendants did not demur to- the pleadings which the additional parties were permitted to adopt.

An appeal does not lie to the Supreme Court from an interlocutory order of the Superior Court, unless such order deprives the appellant of a substantial right which he might lose if the order is not reviewed before final judgment. G.S. 1-277; City of Raleigh v. Edwards, 234 N.C. 528, 67 S.E. 2d 669.

It is ordinarily within the discretion of the trial judge to .make additional parties. G.S. 1-163; Insurance Co. v. Motor Lines, 225 N.C. 588, 35 S.E. 2d 879; Wilmington v. Board of Education, 210 N.C. 197, 185 S.E. 767.

The order entered below making additional parties plaintiff did not impair any substantial right of the defendants which would warrant an appeal.

Appeal dismissed.

Reference

Full Case Name
CITY OF SHELBY; ZEB MAUNEY, Building Inspector for the CITY OF SHELBY, and on Behalf of the CITY OF SHELBY, as Its Building Inspector, v. W. D. LACKEY and Wife, LILLIAN Z. LACKEY; EVANS LACKEY and Wife, MARY I. LACKEY; ISABEL L. MOSER; And LACKEY PONTIAC, INC.
Cited By
3 cases
Status
Published