State Ex Rel. Etchison v. McGuire

61 S.E. 196, 147 N.C. 388, 1908 N.C. LEXIS 72

• Court: Supreme Court of North Carolina
• Decided: April 17, 1908
• Status: Published

Opinion

Beown, J.

The plaintiffs except to and appeal from an order of his Honor, Judge Justice, at September Term, 1907, of the Superior Court of Davie County, directing that W. A. Bailey be made a party defendant'and that a summons issue, returnable to the following term. The defendant moves to dismiss the appeal in this Court upon the ground that it is premature, and we are of opinion that, under the authorities,' the motion must be allowed.

There may be cases, where the injury to a party’s right is manifest, in which this Court will entertain such an appeal, but the wrong done these plaintiffs by the order has not been made plain to us. The Court has- said: “It can very rarely happen that making an additional party will be a serious prejudice, and hence such orders are usually discretionary and not revi,ewable.” Bernard v. Shemwell, 139 N. C., 447; Tillery v. Candler, 118 N. C., 889, and cases cited; The Code, sec. 273.

Appeal Dismissed.