Aiken v. Manufacturing Co.

53 S.E. 867, 141 N.C. 339, 1906 N.C. LEXIS 107

• Court: Supreme Court of North Carolina
• Decided: May 16, 1906
• Status: Published

Opinion

Per Curiam,:

The plaintiff moved to amend tbe summons and complaint by making tbe Fidelity & Casualty Co., of New York, a defendant, and for process against said company. Tbe plaintiff, upon tbe facts set out in bis complaint, might have brought bis action against tbe defendant and tbe said Casualty Company. Tbe said company is not, however, a necessary party, for tbe plaintiff may prosecute bis action against the defendant alone. His Honor denied the motion without giving any reasons. As there is a presumption in favor of tbe correctness of tbe ruling, we assume His Honor denied tbe motion in tbe exercise of bis discretion. As the Casualty Company is a proper, but not at all a necessary party, His Honor bad tbe right to exercise bis sound discretion, which is not reviewable. Jarrett v. Gibbs, 107 N. C., 304; Henderson v. Graham, 84 N. C., 496.

Affirmed.