Walker v. Standard Oil Co. of New Jersey

Supreme Court of North Carolina

Walker v. Standard Oil Co. of New Jersey

222 N.C. 607

DecidedFebruary 24, 1943

StatusPublished

This text of 222 N.C. 607 (Walker v. Standard Oil Co. of New Jersey) 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

Walker v. Standard Oil Co. of New Jersey, 222 N.C. 607 (N.C. 1943).

Pincite

Opinion

Per Curiam.

Plaintiffs, appellants, in their brief filed on this appeal, state that “when the demurrer was interposed, plaintiffs, in order that they might not be delayed in the trial of their action . . . agreed that the court might strike paragraph 13 from the complaint — that is, the item representing the expenses of $148.00.” This was tantamount to taking a nonsuit on this cause of action in which male plaintiff alone is interested — a right which plaintiffs could exercise at any time before verdict. When this cause of action is eliminated, and admitting the truth of the facts alleged in the complaint with respect to the other three causes of action, as we must do in testing the demurrer, there is neither misjoinder of parties nor misjoinder of causes of action. Hence, the judgment below is reversed, and the cause remanded for further procedure in accordance with law.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Plaintiffs, appellants, in their brief filed on this appeal, state that “when the demurrer was interposed, plaintiffs, in order that they might not be delayed in the trial of their action . . . agreed that the court might strike paragraph 13 from the complaint — that is, the item representing the expenses of $148.00.” This was tantamount to taking a nonsuit on this cause of action in which male plaintiff alone is interested — a right which plaintiffs could exercise at any time before verdict. When this cause of action is eliminated, and admitting the truth of the facts alleged in the complaint with respect to the other three causes of action, as we must do in testing the demurrer, there is neither misjoinder of parties nor misjoinder of causes of action. Hence, the judgment below is reversed, and the cause remanded for further procedure in accordance with law.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

222 N.C. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-standard-oil-co-of-new-jersey-nc-1943.