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City of Wilmington v. Board of Education

City of Wilmington v. Board of Education of New Hanover County.

City of Wilmington v. Bd. of Educ., 185 S.E. 767 (N.C. 1936)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
May 20, 1936
Judges
PER CURIAM.
Citations
185 S.E. 767210 N.C. 1971936 N.C. LEXIS 54

Opinion of the Court — Per Curiam

Per Curiam.

It very rarely happens that the making of additional parties proves prejudicial, and hence orders making such parties are discretionary with the trial court, and are not reviewable upon appeal.

Tillery v. Candler, 118 N. C., 888 ;

Bernard v. Shemwell, 139 N. C., 446 ;

Maggett v. Roberts, 108 N. C., 174 . By proper amendment new parties may be brought into a pending action.

Dobson v. Southern Ry. Co., 129 N. C., 289 .

A judge of the Superior Court has within his sound discretion the statutory authority to permit the plaintiff to amend his complaint when thereby the ground for the alleged cause is not so substantially changed as to become a new or different cause of action.

Goins v. Sargent, 196 N. C., 478 ; C. S., 547.

The appellant takes the position in its brief that should the additional party be made, and should the complaint be amended as allowed by his Honor’s order, no cause of action would then be alleged against it. However this may be, the proper way in which to present that question is by demurrer to the complaint when amended, and not by exception to the order allowing such amendment.

The appeal is premature, and therefore is dismissed.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1938: 11941: 21945: 21948: 11951: 11952: 21954: 119382026peak 1941 · 2

Relies on it most ⓘ

  1. Service Fire Insurance v. Horton Motor Lines, Inc.35 S.E.2d 879 (N.C. 1945)
  2. City of Raleigh v. Edwards67 S.E.2d 669 (N.C. 1951)
  3. Burgess v. Trevathan72 S.E.2d 231 (N.C. 1952)
  4. Wheeler v. Wheeler80 S.E.2d 755 (N.C. 1954)
  5. Morgan v. Turnage Co., Inc.196 S.E. 307 (N.C. 1938)
  6. City of Shelby v. Lackey69 S.E.2d 607 (N.C. 1952)

Most recent

  1. Wheeler v. Wheeler80 S.E.2d 755 (N.C. 1954)
  2. Burgess v. Trevathan72 S.E.2d 231 (N.C. 1952)
  3. City of Shelby v. Lackey69 S.E.2d 607 (N.C. 1952)
  4. City of Raleigh v. Edwards67 S.E.2d 669 (N.C. 1951)
  5. Webb v. Eggleston46 S.E.2d 700 (N.C. 1948) · Dissent
  6. Service Fire Insurance v. Horton Motor Lines, Inc.35 S.E.2d 879 (N.C. 1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
State ex rel. Maggett v. Roberts, 12 S.E. 890 (N.C. 1891) 21
Bernard v. Shemwell., 52 S.E. 64 (N.C. 1905) 14
Goins v. Sargent, 146 S.E. 131 (N.C. 1929) 8
Dobson v. Southern Ry. Co., 40 S.E. 42 (N.C. 1901) 6
State ex rel. Tillery v. Candler, 24 S.E. 709 (N.C. 1896) 5

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