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Aiken v. Manufacturing Co.

Aiken v. Manufacturing Company.

Aiken v. Mfg. Co., 53 S.E. 867 (N.C. 1906)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
May 16, 1906
Judges
PER CURIAM:
Citations
53 S.E. 867141 N.C. 3391906 N.C. LEXIS 107
Headnotes
Additional Parties — Power of Court — Discretion—Appeal. The action of the court below in denying without giving any reasons, plaintiff’s motion to make an additional party defendant is not reviewable, where such party is a proper, but not a necessary party.
Summary
ActioN by Purl Aiken, by bis next friend, against Ebodiss Manufacturing Oo., beard by Judge M. H. Justice, at tbe March Term, 1906, of tbe Superior Court of BuRKe. From tbe denial of a motion to make an additional party defendant, tbe plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam,:

The plaintiff moved to amend tbe summons and complaint by making tbe Fidelity & Casualty Co., of New York, a defendant, and for process against said company. Tbe plaintiff, upon tbe facts set out in bis complaint, might have brought bis action against tbe defendant and tbe said Casualty Company. Tbe said company is not, however, a necessary party, for tbe plaintiff may prosecute bis action against the defendant alone. His Honor denied the motion without giving any reasons. As there is a presumption in favor of tbe correctness of tbe ruling, we assume His Honor denied tbe motion in tbe exercise of bis discretion. As the Casualty Company is a proper, but not at all a necessary party, His Honor bad tbe right to exercise bis sound discretion, which is not reviewable.

Jarrett v. Gibbs, 107 N. C., 304 ;

Henderson v. Graham, 84 N. C., 496 .

Affirmed.

How later courts describe this case

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Cited by 11 cases

View all citing references →
1907: 11911: 11913: 11915: 11919: 11926: 11927: 11953: 11955: 11958: 219072026peak 1958 · 2

Relies on it most ⓘ

  1. Gaither Corporation v. Skinner77 S.E.2d 659 (N.C. 1953)
  2. Clark v. Pilot Freight Carriers, Inc.102 S.E.2d 252 (N.C. 1958)
  3. Hannah v. House101 S.E.2d 357 (N.C. 1958)
  4. Clark v. Bonsal & Co.72 S.E. 954 (N.C. 1911)
  5. Guthrie v. City of Durham84 S.E. 859 (N.C. 1915)
  6. Wood v. Kincaid57 S.E. 4 (N.C. 1907)

Most recent

  1. Clark v. Pilot Freight Carriers, Inc.102 S.E.2d 252 (N.C. 1958)
  2. Hannah v. House101 S.E.2d 357 (N.C. 1958)
  3. Kimsey ex rel. Kimsey v. Reaves89 S.E.2d 386 (N.C. 1955)
  4. Gaither Corporation v. Skinner77 S.E.2d 659 (N.C. 1953)
  5. Michigan Sanitarium & Benevolent Ass'n v. Neal139 S.E. 841 (N.C. 1927)
  6. Barbee v. Cannady132 S.E. 572 (N.C. 1926)

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 1

DepthCaseCited by
Henderson v. Graham, 84 N.C. 496 (1881) 31

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