Colbert Ex Rel. Colbert v. Collins

Supreme Court of North Carolina

Colbert Ex Rel. Colbert v. Collins

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

Supreme Court of North Carolina·Decided April 30, 1947·Published·Cited by 10 cases

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.

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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.

Colbert Ex Rel. Colbert v. Collins, 42 S.E.2d 349, 227 N.C. 395, 1947 N.C. LEXIS 426 (N.C. 1947).

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Opinion

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