117 N.C. 103
Supreme Court of North Carolina
Decided September 15, 1895
Supreme Court of North Carolina · decided 1895-09-15
This was an action brought by plaintiff to recover a saw mill in possession of the defendant. At May Term, 1895, of Halifax Superior Court, W. P. White moved to be made a party defendant in order to set up a cause of action against the Lane Manufacturing Company as fully set out in his affidavit. His Honor being of the opinion that White was a necessary party allowed the motion and plaintiff appealed. The affidavit was in substance, as follows: “1.
Cited by 2 later decisions — most recently April 1978
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1895-09-15
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¶1The plaintiff should have had his exception to the order making an additional party noted in the record, so that if he has suffered detriment thereby (which can rarely be the case) the order may be reviewed on appeal from the final judgment should it go against him. The appeal is premature and must be dismissed. Lane v. Richardson, 101 N. C., 181; Emry v. Parker, 111 N. C., 261.
¶2Appeal Dismissed.