Chambers v. Dalton

Supreme Court of North Carolina

Chambers v. Dalton

76 S.E.2d 162, 238 N.C. 142, 1953 N.C. LEXIS 726

CourtSupreme Court of North Carolina

DecidedJune 12, 1953

Docket753

StatusPublished

Cited by2 cases

This text of 76 S.E.2d 162 (Chambers v. Dalton) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chambers v. Dalton, 76 S.E.2d 162, 238 N.C. 142, 1953 N.C. LEXIS 726 (N.C. 1953).

Pincite

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.

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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.

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Bluebook (online)

76 S.E.2d 162, 238 N.C. 142, 1953 N.C. LEXIS 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-dalton-nc-1953.

Opinion

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