Robinson v. . Williams

126 S.E. 621, 189 N.C. 256, 1925 N.C. LEXIS 297

• Court: Supreme Court of North Carolina
• Decided: March 11, 1925
• Status: Published

Opinion

Stacy, J.

The demurrer was properly overruled. It is held with us that where there is a misjoinder, both of parties and of causes of action, and a demurrer interposed upon this ground, .the demurrer should be sustained and the action dismissed. Shore v. Holt, 185 N. C., 312; Rose v. Warehouse Co., 182 N. C., 107; Roberts v. Mfg. Co., 181 N. C., 204. But this is not our case. The present action is brought by a number of creditors, who file a creditors’ bill, or a bill in equity, to establish the existence of a partnership between the defendants, to obtain judgments on their respective claims, and to set aside, as a fraudulent conveyance, an $18,000-mortgage given by one of the defendants to the other on all the assets of the alleged copartnership. Such relief may properly be bad in a single suit, and several or all of tbe creditors may unite as parties plaintiff in tbe same action. Wofford v. Hampton, 173 N. C., 686; Smith v. Summerfield, 108 N. C., 284; Hancock v. Wooten, 107 N. C., 9; Bank v. Harris, 84 N. C., 206; Fisher v. Bank, 132 N. C., p. 773.

Nor will a creditor be denied tbe right to join as party plaintiff in tbis action pending in tbe Superior Court, because bis claim is less than $200.00. Machine Co. v. Burger, 181 N. C., 241. Tbe proceeding is one in equity, and tbe full relief sought may be administered only in a court of equity. Mebane v. Layton, 86 N. C., 572; Fisher v. Webb, 84 N. C., 44.

Affirmed.