Aiken v. Rhodhiss Mfg. Co.
| Decision Date | 16 May 1906 |
| Citation | 53 S.E. 867,141 N.C. 339 |
| Parties | AIKEN v. RHODHISS MFG. CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Burke County; Justice, Judge.
Action by Purl Aiken, by his next friend, against the Rhodhiss Manufacturing Company. From an order denying plaintiff's application to amend a summons, he appeals. Affirmed.
Where an application to amend the summons by making a corporation a party defendant was denied by the trial court without giving any reasons, it would be presumed on appeal that the motion was denied in the exercise of the trial court's discretion.
Where a corporation sought to be joined as a party defendant was a proper but not a necessary party, the denial of such application in the exercise of court's discretion was not reviewable on appeal.
Avery & Avery, for appellant.
The plaintiff moved to amend the summons and complaint by making the Fidelity & Casualty Company of New York a defendant and for process against said company. The plaintiff, upon the facts set out in his complaint, might have brought his action against the defendant and the said Casualty Company. The said company is not, however, a necessary party, for the plaintiff may prosecute his action against the defendant alone. His honor denied the motion without giving any reasons. As there is a presumption in favor of the correctness of the ruling, we assume his honor denied the motion in the exercise of his discretion. As the Casualty Company is a proper, but not at all a necessary party, his honor had the right to exercise his sound discretion, which is not reviewable. Jarrett v. Gibbs, 107 N.C. 304, 12 S.E. 272; Henderson v. Graham, 84 N.C. 496.
Affirmed.
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