Colbert Ex Rel. Colbert v. Collins

42 S.E.2d 349, 227 N.C. 395, 1947 N.C. LEXIS 426

• Court: Supreme Court of North Carolina
• Decided: April 30, 1947
• Status: Published

Opinion

Per Curiam.

Tbe only exceptive assignment of error contained in tbe record is to tbe signing of tbe judgment by tbe judge presiding. This assignment of error is untenable, since if tbe parties sought to be made parties defendant are proper parties tbe order was within tbe discretion of tbe court and not subject to review, or if, on tbe other band, such parties are necessary parties, without whose presence a complete determination of tbe controversy could not be bad, tbe court was required to have them brought in as parties defendant. McIntosh, Prac. & Proc., Sec. 259, p. 245. Tbe order entered, therefore, should be

Affirmed.