Hall v. . Turner

Per Curiam: Even had there been a misjoinder of causes of action, it could not have been taken advantage of by demurrer until the defendants had withdrawn their answer. Burns v. Ashworth, 72 N. C., 496; Finley v. Hayes, 81 N. C., 368. The Court correctly ruled that “the right of the defendant ancestor and intestate Evans Turner was not exhausted by the *183 building of one dam, but that he had the right to keep up and maintain a dam, and, if gecessary to do so, to erect a second dam to the height of nine feet.” We have considered the other exceptions, and they are also without merit. Affirmed.