{
  "id": 8624964,
  "name": "CITY OF WILMINGTON v. BOARD OF EDUCATION OF NEW HANOVER COUNTY",
  "name_abbreviation": "City of Wilmington v. Board of Education",
  "decision_date": "1936-05-20",
  "docket_number": "",
  "first_page": "197",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "210 N.C. 197"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "196 N. C., 478",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627769
      ],
      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "129 N. C., 289",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8660478
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/129/0289-01"
      ]
    },
    {
      "cite": "108 N. C., 174",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8650162
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/108/0174-01"
      ]
    },
    {
      "cite": "139 N. C., 446",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652817
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/139/0446-01"
      ]
    },
    {
      "cite": "118 N. C., 888",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8654229
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/118/0888-01"
      ]
    }
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  "analysis": {
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    "simhash": "1:b65edae1b71841e4",
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  "last_updated": "2023-07-14T17:57:05.250790+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CITY OF WILMINGTON v. BOARD OF EDUCATION OF NEW HANOVER COUNTY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nIt very rarely happens that the making of additional parties proves prejudicial, and hence orders making such parties are discretionary with the trial court, and are not reviewable upon appeal. Tillery v. Candler, 118 N. C., 888; Bernard v. Shemwell, 139 N. C., 446; Maggett v. Roberts, 108 N. C., 174. By proper amendment new parties may be brought into a pending action. Dobson v. Southern Ry. Co., 129 N. C., 289.\nA judge of the Superior Court has within his sound discretion the statutory authority to permit the plaintiff to amend his complaint when thereby the ground for the alleged cause is not so substantially changed as to become a new or different cause of action. Goins v. Sargent, 196 N. C., 478; C. S., 547.\nThe appellant takes the position in its brief that should the additional party be made, and should the complaint be amended as allowed by his Honor\u2019s order, no cause of action would then be alleged against it. However this may be, the proper way in which to present that question is by demurrer to the complaint when amended, and not by exception to the order allowing such amendment.\nThe appeal is premature, and therefore is dismissed.\nAppeal dismissed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Wm. B. Campbell and George L. Peschau for plaintiff, appellee.",
      "C. D. Hogue for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "CITY OF WILMINGTON v. BOARD OF EDUCATION OF NEW HANOVER COUNTY.\n(Filed 20 May, 1936.)\n1. Appeal and Error J a\u2014\nAn order making additional parties upon a proper amendment of the complaint is within the discretionary power of the trial court and is not reviewable.\n2. Pleadings E c\u2014\nThe trial court has discretionary power to allow plaintiff to amend his complaint when the amendment does not alter the cause alleged so as to render it a new or different cause of action. C. S., 547.\n3. Pleadings D e\u2014\nDefendant\u2019s contention that the complaint, even upon the joinder of an additional party and the allowance of an amendment, would fail to state a cause of action against it, may not he presented by exception to the order allowing the amendment, the defendant\u2019s procedure being by demurrer to the complaint as amended.\nAppeal from Parker, J., at March Term, 1936, of New HaNover.\nAppeal dismissed. .\nThis was a civil action, brought by the city of Wilmington to recover from the board of education of New Hanover County the sum of $1,199.43 for improvements made on its streets and sidewalks abutting on the property of the defendant used for a high school, to have said amount declared a lien on the said property, and to foreclose said lien by a sale to pay said debt.\nThe case came on for hearing and the defendant moved, on the pleadings, for judgment dismissing the action. Whereupon, the court, upon motion of the plaintiff, entered an order denying the motion of the defendant, and allowing the plaintiff to make the board of commissioners of New Hanover County a party defendant, and to amend its complaint so as to seek to determine the amount due by the board of education on the assessments made upon its property, and to pray that a writ of mandamus issue to collect the amount so ascertained.\nTo the foregoing order the defendant excepted, and appealed to the Supreme Court.\nWm. B. Campbell and George L. Peschau for plaintiff, appellee.\nC. D. Hogue for defendant, appellant."
  },
  "file_name": "0197-01",
  "first_page_order": 263,
  "last_page_order": 264
}