Western North Carolina Conference v. . Talley

39 S.E.2d 816, 226 N.C. 654
CourtSupreme Court of North Carolina
DecidedOctober 30, 1946
StatusPublished

This text of 39 S.E.2d 816 (Western North Carolina Conference v. . Talley) 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
Western North Carolina Conference v. . Talley, 39 S.E.2d 816, 226 N.C. 654 (N.C. 1946).

Opinion

After answering, the defendants moved to dismiss the action as to the plaintiff Conference for that it is not a proper party plaintiff. The motion was denied and defendant appealed. Defendants' motion is in effect a demurrer for misjoinder of parties, interposed after answer was filed. It came too late. Goldsboro v. SupplyCo., 200 N.C. 405, 157 S.E. 58; Schnibben v. Ballard Ballard Co.,210 N.C. 193, 185 S.E. 646; Ezzell v. Merritt, 224 N.C. 602,31 S.E.2d 751; McIntosh, N.C. P. P., 457. Having answered, his motion was addressed to the sound discretion of the court. Its adverse ruling is not subject to review.

The judgment below is

Affirmed.

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Related

Schnibben v. . Ballard Ballard Co.
185 S.E. 646 (Supreme Court of North Carolina, 1936)
City of Goldsboro v. W. P. Rose Builders Supply Co.
157 S.E. 58 (Supreme Court of North Carolina, 1931)
Ezzell v. . Merritt
31 S.E.2d 751 (Supreme Court of North Carolina, 1944)

Cite This Page — Counsel Stack

Bluebook (online)
39 S.E.2d 816, 226 N.C. 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-north-carolina-conference-v-talley-nc-1946.