(DOWNLOAD) "Wells v. Wells" by Supreme Court of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: Wells v. Wells
- Author : Supreme Court of North Carolina
- Release Date : January 17, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
When an injured party elects to sue some but not all of the tort-feasors responsible for his injuries, those sued have a right to bring the other wrongdoers in for contribution. G.S. 1-240. The original defendant then becomes as to the tort-feasors not sued a plaintiff. Norris v. Johnson, 246 N.C. 179, 97 S.E.2d 773; Wrenn v. Graham, 236 N.C. 719, 74 S.E.2d 232. The pleading filed by the original defendant must state facts which are sufficient to show that the original defendant is entitled to contribution from the additional defendant. If the facts alleged do not suffice to establish a right to contribution, the party or parties brought in as additional defendants are unnecessary parties and may on motion have the allegations stricken and the action dismissed as to them. Heyes v. Wilmington, 239 N.C. 238, 79 S.E.2d 792, s.c., 243 N.C. 525, 91 S.E.2d 673. The motion is in effect a demurrer for failure to state a cause of action, G.S. 1-127.
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