Eastern Conference of Original Free Will Baptists v. Piner
Eastern Conference of Original Free Will Baptists v. Piner
Opinion of the Court
The appellants assign as error that portion of the order entered below overruling the demurrer of T. 0. Terry and overruling the demurrer of the other defendants other than the corporate defendant.
On the other hand, the relief sought by the plaintiffs against the Clinton Piner faction does not similarly affect the defendant Terry. Cf. Conference v. Creech and Teasley v. Creech and Miles, 256 N.C. 128, 123 S.E. 2d 619, s. c. 259 N.C. 1, 129 S.E. 2d 600.
We hold that there is a misjoinder both of parties and causes of action.
For the reasons stated, the order of the court below overruling the demurrers interposed by the appellants is reversed. Teague v. Oil Co., 232 N.C. 65, 59 S.E. 2d 2, s.c. 232 N.C. 469, 61 S.E. 2d 345.
Reversed.
Reference
- Full Case Name
- THE EASTERN CONFERENCE OF ORIGINAL FREE WILL BAPTISTS OF NORTH CAROLINA, an Unincorporated Religious Association and C. B. HANSLEY, Moderator A. GRAHAM LANE, Assistant Moderator LEMMIE TAYLOR, Clerk H. M. MALLARD, Treasurer Officers of Said Conference C. B. HANSLEY, A. GRAHAM LANE, LEMMIE TAYLOR, H. M. MALLARD and LLOYD VERNON, Executive Committee of Said Conference, and CHARLIE PAUL, JOSEPH E. WILLIAMS, MILTON STYRON, the Board of Deacons of the DAVIS ORIGINAL FREE WILL BAPTIST CHURCH, and LESLIE STYRON, Clerk REGINALD STYRON, Treasurer all Officers of the DAVIS ORIGINAL FREE WILL BAPTIST CHURCH and ROY STYRON and GUY WILLIS, Trustees of the Said Church and HARRY WILLIS, STERLING DIXON, ELMER WILLIS, WORDIE MURPHY, VAN WILLIS, and Others of the DAVIS ORIGINAL FREE WILL BAPTIST CHURCH United in Interest and Presently Recognized by the Eastern Conference of Original Free Will Baptists of North Carolina as the one and Only Valid DAVIS ORIGINAL FREE WILL BAPTIST CHURCH, Also Known as THE CHARLIE PAUL FACTION v. CLINTON PINER, JULIUS WILLIS. LLOYD DAVIS, all Purporting to be Members of the Board of Deacons of THE DAVIS ORIGINAL FREE WILL BAPTIST CHURCH and LLOYD DAVIS, GRADY DAVIS, CLYDE STYRON, JOHNNIE DAVIS and BOBBY DUDLEY, Individually and as the Purported Board of Trustees of THE DAVIS ORIGINAL FREE WILL BAPTIST CHURCH and T. O. TERRY, Purported Pastor of THE DAVIS ORIGINAL FREE WILL BAPTIST CHURCH and DAVIS FREE WILL BAPTIST CHURCH, INC., a Corporation Organized and Existing Under Chapter 55-A of the General Statutes of North Carolina and RALPH LOWRIMORE and Others United in Interest With the Above Named and Known as THE CLINTON PINER FACTION
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- 2 cases
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- Published