Morgan v. . Turnage Co., Inc.

196 S.E. 307, 213 N.C. 425, 1938 N.C. LEXIS 105

• Court: Supreme Court of North Carolina
• Decided: April 13, 1938
• Status: Published

Opinion

Per Curiam.

Tbe defendant appealed from an order of tbe court below making additional parties defendant. Tbe power of tbe judge to make additional parties to an action is well settled, and it does not appear that tbe order appealed from will change tbe cause of action or work injustice to tbe appellant. Tillery v. Candler, 118 N. C., 888, 24 S. E., 709; Mills v. Callahan, 126 N. C., 756, 36 S. E., 164; Bernard v. Shemwell, 139 N. C., 446, 52 S. E., 64; Joyner v. Fiber Co., 178 N. C., 634, 101 S. E., 373; Barbee v. Cannady, 191 N. C., 529, 132 S. E., 281; Wilmington v. Board of Education, 210 N. C., 197, 185 S. E., 767.

As was said in Bernard v. Shemwell, supra, “It can very rarely happen that making an additional party will be a serious prejudice, and hence such orders are usually discretionary and not reviewable.”

Appeal dismissed.