Plaikttiff’s Appeal.
after stating the case: The motion of the defendant to have herself as guardian and her son made parties defendant in this action was for the evident purpose of setting up a counterclaim, and not because the presence of such parties was necessary to “a complete determination of the controversy” between the plaintiff and the defendant (C. S., 460), or essential to a “settlement of the questions involved.” C. S., 456. No adjustment of the rights; as between the defendants, is *403demanded, and while the additional parties may be proper, they are not necessary to a complete determination of the controversy. Spruill v. Bank, 163 N. C., 43. Plaintiff bas brought its action against Mrs. Neal alone, and upon the allegations of the complaint it must stand or fall. Therefore, the counterclaim set up in this action by "W". ~W. Neal and his guardian should be stricken out. 24 R. C. L., 877. They were made parties only for the purpose of determining the controversy between the plaintiff and the original defendant. Joyner v. Fiber Co., 178 N. C., 634; Aiken v. Mfg. Co., 141 N. C., 339. The plaintiff has not elected to sue W. W. Neal, and no cause of action is set up as against him or his guardian.
It was held in Coursen v. Hamlin, 2 Duer (N. Y.), 513, that a counterclaim, which required the bringing in of other parties, could not be set up in the suit then pending. Note, 12 Am. Dec., p. 154. See, also, Note 10, A. L. R., 1252; Utley v. Foy, 70 N. C., 303; Walton v. McKesson, 64 N. C., 154; Shell v. Aiken, 155 N. C., 212, and Engine Co. v. Paschal, 151 N. C., 27.
The case is not like Bowman v. Greensboro, 190 N. C., 611, and Guthrie v. Durham, 168 N. C., 573, where questions of primary and secondary liability as between the defendants were presented.' Nor is it one in which the rights of interveners are involved. Sitterson v. Speller, 190 N. C., 192; Temple v. LaBerge, 184 N. C., 252; Feed Co. v. Feed Co., 182 N. C., 690; Bank v. Furniture Co., 120 N. C., 477.
Error.
Appeal oe DEFENDANT, Mes. W. P. Neal.
The demurrer to the counterclaim set up by Mrs. Neal for mental anguish and loss of comfort, sustenance and filial support of her 27-year-old son was properly sustained under authority of the reasons employed in Hinnant v. Power Co., 187 N. C., 288. These damages are too remote to be made the subject of an action on the allegations presently appearing of record. Feneff v. R. R., 203 Mass., 278.
Affirmed.