145 N.C. 48 | N.C. | 1907
after stating the case: It is true, as argued by the learned counsel for the defendant, that ,at common law the causes of action stated in the complaint could not* have been joined. 23 Cyc., 392; Logan v. Wallis, 76 N. C., 416; Doughty v. Railroad, 78 N. C., 22. But this rule has been changed by the reformed procedure, .and now any causes of action may be united “where they .arise out of the same transaction or a transaction connected with the same subject of action.” Whether they be for the breach of a contract and for a tort, or are legal or eqrdtable, or both, will make no difference. Eevisal, sec. 469. The courts have not attempted to state any general rule by which all cases may be tested under that statute, as it has been found impossible to do so. The language, no doubt, was chosen because of the very wide scope of its meaning, enabling the courts to,construe it as will be found most convenient and best calculated to promote the ends of justice. 1 Enc. of PI. and Pr., 185. Having no very definite principle to guide us, it is safer for courts to pass upon the question as each case is presented, except when it comes directly and clearly within some established precedent.
We think the causes of action were properly joined in this case, and that the Court was right in overruling the demurrer and requiring the defendant to answer. In Hamlin v. Tucker, 72 N. C., 502, the Court held that the plaintiff had properly united causes of .action for harboring his wife, for
We conclude that the ruling of the Court was right. The ■ defendant will be allowed to answer.
No Error.