Chambers v. Dalton

Supreme Court of North Carolina
Chambers v. Dalton, 76 S.E.2d 162 (N.C. 1953)
238 N.C. 142; 1953 N.C. LEXIS 726
Per

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.

Reference

Full Case Name
W. C. CHAMBERS and Wife, MILDRED BARNES CHAMBERS, W. J. TILLEY and Wife, AILENE BROWN TILLEY, RONALD WILKINSON and Wife, MARGARET RHODES WILKINSON, T. L. KANOY and Wife, CORA WELLS KANOY, ROY L. LATHAM, W. E. BUTNER and Wife, KATHRYN S. BUTNER, NELIA NEWSOME BUTNER, A. E. SPILLMAN and Wife, BERTIE KETNER SPILLMAN, v. J. McRAE DALTON, ROBERT I. DALTON and Wife, EDITH GOSSETT DALTON, and J. H. GWYN, SR., J. H. GWYN, JR., ALLEN GWYN, Trading as GWYN MOTOR SALES
Cited By
2 cases
Status
Published