Supreme Court of North Carolina, 1953

Chambers v. Dalton

Chambers v. Dalton
Supreme Court of North Carolina · Decided June 12, 1953 · Per
76 S.E.2d 162; 238 N.C. 142; 1953 N.C. LEXIS 726 (South Eastern Reporter, Second Series)

Chambers v. Dalton

Opinion

Per, Curiam.

Tbe judgment entered is somewhat novel in that it is decreed that the complaint fails to state a cause of action and at the same time it is adjudged that there is a misjoinder of parties and causes. Shaw v. Barnard, 229 N.C. 713, 51 S.E. 2d 295. Be that as it may, the judgment entered must be affirmed. The several causes of action the plaintiffs seek to state are separate and distinct. The only relation of the one to the others is that they are all of the same nature and assert the same general type of grievance. Davis v. Whitehurst, 229 N.C. 226, 49 S.E. 2d 394; Burleson v. Burleson, 217 N.C. 336, 7 S.E. 2d 706. No one cause affects all the parties to the action. Lucas v. Bank, 206 N.C. 909, 174 S.E. 301. No one group has any interest in the claims asserted by the others. Therefore, if any cause of action is stated, there is clearly a mis-joinder of parties and causes.

The judgment entered in the court below is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.