Etchison v. McGuire

• Decision Date: 22 April 1908
• Parties: ETCHISON, County Treasurer, et al. v. McGUIRE.
• Court: North Carolina Supreme Court

61 S.E. 196

147 N.C. 388

ETCHISON, County Treasurer, et al. v. McGUIRE.

Supreme Court of North Carolina

April 22, 1908

Appeal from Superior Court, Davie County; Justice, Judge.

Action by the state, on the relation of John W. Etchison and others, treasurer and board of commissioners of Davie county, against James McGuire. From an order directing the bringing in of a party defendant, plaintiffs appeal. Dismissed.

T. B. Bailey and A. T. Grant, Jr., for appellants.

Watson, Buxton & Watson and E. L. Gaither, for appellee.

BROWN, J.

The plaintiffs except to and appeal from an order of his honor, Judge Justice, at September term, 1907, of the superior court of Davie county directing that W. A. Bailey be made a party defendant, and that a summons issue returnable to the following term. The defendant moves to dismiss the appeal in this court upon the ground that it is premature, and we are of opinion that under the authorities the motion must be allowed.

There may be cases, where the injury to a party's right is manifest, that this court will entertain such an appeal, but the wrong done these plaintiffs by the order has not been made plain to us. The court has said: "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." Bernard v. Shemwell, 139 N.C. 447, 52 S.E. 64; Tillery v. Candler, 118 N.C. 889, 24 S.E. 709, and cases cited; Code, § 273.

Appeal dismissed.