City of Shelby v. Lackey

69 S.E.2d 607, 235 N.C. 343, 1952 N.C. LEXIS 389

Opinion

PeR Curiam.

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.