City of Shelby v. Lackey
This text of 69 S.E.2d 607 (City of Shelby v. Lackey) 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.
Opinion
Tbe demurrer interposed in the court below was to the petition and motion only. The defendants did not demur to- the pleadings which the additional parties were permitted to adopt.
An appeal does not lie to the Supreme Court from an interlocutory order of the Superior Court, unless such order deprives the appellant of a substantial right which he might lose if the order is not reviewed before final judgment. G.S. 1-277; City of Raleigh v. Edwards, 234 N.C. 528, 67 S.E. 2d 669.
It is ordinarily within the discretion of the trial judge to .make additional parties. G.S. 1-163; Insurance Co. v. Motor Lines, 225 N.C. 588, 35 S.E. 2d 879; Wilmington v. Board of Education, 210 N.C. 197, 185 S.E. 767.
The order entered below making additional parties plaintiff did not impair any substantial right of the defendants which would warrant an appeal.
Appeal dismissed.
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Cite This Page — Counsel Stack
69 S.E.2d 607, 235 N.C. 343, 1952 N.C. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-shelby-v-lackey-nc-1952.