Opinion
(Filed 30 October, 1946.)
Pleadings § 16: Appeal and Error § 40b —
Where a demurrer for misjoinder of parties is not interposed until after answer is filed it is too late to be considered as a matter of right but is addressed to the sound discretion of the court, and its adverse ruling thereon is not subject to review.
APPEAL by defendants from Clement, J., at July Term, 1946, of RANDOLPH. Affirmed.
H. M. Robins and Long Long for plaintiffs, appellees.
Walter Siler, J. G. Prevette, and Seawell Seawell for defendants, appellants.
After answering, the defendants moved to dismiss the action as to the plaintiff Conference for that it is not a proper party plaintiff. The motion was denied and defendant appealed.
Defendants' motion is in effect a demurrer for misjoinder of parties, interposed after answer was filed. It came too late. Goldsboro v. Supply Co., 200 N.C. 405, 157 S.E. 58; Schnibben v. Ballard Ballard Co., 210 N.C. 193, 185 S.E. 646; Ezzell v. Merritt, 224 N.C. 602, 31 S.E.2d 751; McIntosh, N.C. P. P., 457. Having answered, his motion was addressed to the sound discretion of the court. Its adverse ruling is not subject to review.
The judgment below is
Affirmed.