Sykes v. Ætna Insurance

Supreme Court of North Carolina

Sykes v. Ætna Insurance

216 N.C. 353

DecidedOctober 18, 1939

StatusPublished

This text of 216 N.C. 353 (Sykes v. Ætna Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sykes v. Ætna Insurance, 216 N.C. 353 (N.C. 1939).

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Opinion

Per Curiam.

Plaintiff Walter J. Sykes did not appeal — thus he is out of the picture. The Industrial Bank did appeal.

N. C. Code, 1935 (Michie), sec. 460, in part, is as follows: “When in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in its subject matter, applies to the court to be made a party, it may order him to be brought in by the proper amendment.”

After the bank was made a party, we can find in the record no pleading filed in the cause by the bank. It is not now in a position to complain.

We find in the judgment of the court below

No error.

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Per Curiam.

Plaintiff Walter J. Sykes did not appeal — thus he is out of the picture. The Industrial Bank did appeal.

N. C. Code, 1935 (Michie), sec. 460, in part, is as follows: “When in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in its subject matter, applies to the court to be made a party, it may order him to be brought in by the proper amendment.”

After the bank was made a party, we can find in the record no pleading filed in the cause by the bank. It is not now in a position to complain.

We find in the judgment of the court below

No error.

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Bluebook (online)

216 N.C. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sykes-v-tna-insurance-nc-1939.