Morgan v. Turnage Co., 213 N.C. 425 (1938)

April 13, 1938 · Supreme Court of North Carolina

213 N.C. 425

E. M. MORGAN v. THE TURNAGE COMPANY, INC.

(Filed 13 April, 1938.)

1. Parties § 5—

The trial court has the power to order the joinder of additional parties defendant when the order does not change the cause of action.

2. Appeal and Error § 37b—

Ordinarily, an order making additional parties is not prejudicial, and therefore such orders are usually discretionary and not reviewable.

Appeal by defendant from Olive, Special Judge, at September Term, 1937, of Pitt. Appeal dismissed.

Wm. J. Bundy and J ohn Hill Baylor for plaintiff.

Albion Dunn for defendant.

Per Curiam.

Tbe defendant appealed from an order of tbe court below making additional parties defendant. Tbe power of tbe judge to make additional parties to an action is well settled, and it does not appear that tbe order appealed from will change tbe cause of action or work injustice to tbe appellant. Tillery v. Candler, 118 N. C., 888, 24 S. E., 709; Mills v. Callahan, 126 N. C., 756, 36 S. E., 164; Bernard v. Shemwell, 139 N. C., 446, 52 S. E., 64; Joyner v. Fiber Co., 178 N. C., 634, 101 S. E., 373; Barbee v. Cannady, 191 N. C., 529, 132 S. E., 281; Wilmington v. Board of Education, 210 N. C., 197, 185 S. E., 767.

As was said in Bernard v. Shemwell, supra, “It can very rarely happen that making an additional party will be a serious prejudice, and hence such orders are usually discretionary and not reviewable.”

Appeal dismissed.