Supreme Court of North Carolina, 1892

Luttrell v. . Martin

Luttrell v. . Martin
Supreme Court of North Carolina · Decided September 5, 1892 · Burwell
16 S.E. 325; 111 N.C. 528 (South Eastern Reporter)

Luttrell v. . Martin

Opinion of the Court

Burwell, J.:

It is settled that no appeal lies from a refusal to dismiss an action. Plemmons v. Improvement Co., 108 N. C., 614. Nor does an appeal lie from an interlocutory order adjudging that the defendants have been duly served with process and are properly before the Court. Guilford County v. Georgia Company, 109 N. C., 310.

The appeal in this case is premature, and must be dismissed. It is so ordered. Appeal Dismissed.

Avery, J., did not sit.

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