Bennett v. Shelton

• Citation: 23 S.E. 95,117 N.C. 103
• Parties: BENNETT v. SHELTON et al.
• Decision Date: 22 October 1895
• Court: United States State Supreme Court of North Carolina

23 S.E. 95

117 N.C. 103

BENNETT v. SHELTON et al.

Supreme Court of North Carolina

October 22, 1895

Appeal from superior court, Halifax county; McIver, Judge.

Action by D. S. Bennett against B. F. Shelton and others to recover a sawmill. From an order allowing W. P. White to come in as defendant, upon affidavit that he was a necessary party to the action, plaintiff appeals. Appeal dismissed.

An order allowing a person to be made defendant in an action, on his affidavit that he is a necessary party, can only be reviewed on appeal from the final judgment.

R. O. Burton, for appellant.

Claude Kitchin, for appellee.

CLARK, J.

The 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, 7 S.E. 710; Emry v. Parker, 111 N.C. 261, 16 S.E. 236. Appeal dismissed.