155 S.E. 248 | N.C. | 1930
Civil action to recover damages: First, for an alleged assault upon both plaintiffs; second, for an alleged false arrest of the male plaintiff; third, for an alleged malicious abuse of process in swearing out a peace warrant against the male plaintiff; and, fourth, for an alleged false imprisonment of the male plaintiff.
From a judgment sustaining a demurrer, interposed on the ground of a misjoinder both of parties and causes of action, and dismissing the action, the plaintiffs appeal.
That there is a misjoinder, both of parties and causes of action, is apparent on the face of the complaint, since C. S., 2513, authorizes a suit by a married woman to recover damages for personal injuries without the joinder of her husband (Kirkpatrick v. Crutchfield,
Where this dual misjoinder occurs, as in the instant case, and a demurrer is accordingly interposed, the decisions are to the effect that the demurrer should be sustained and the action dismissed. Shuford v.Yarborough,
The case of Shore v. Holt,
Affirmed.
