Gouge v. . Bennett

Supreme Court of North Carolina
Gouge v. . Bennett, 81 S.E. 1061 (N.C. 1914)
166 N.C. 238; 1914 N.C. LEXIS 385
PER CURIAM.

Gouge v. . Bennett

Opinion of the Court

Per Curiam.

This is an appeal froni the refusal of a motion to dismiss. Nothing is better settled than that β€œAn appeal from the refusal of a motion to dismiss an action for want of proper service of process taken before final judgment is premature, and will not be considered. The better practice is to note an exception and proceed with the trial.” Guilford v. Georgia Co., 109 N. C., 310, and numerous cases cited in that case and in the citations thereto in the Anno. Ed.

Appeal dismissed.

Reference

Full Case Name
William M. Gouge v. Baxter Bennett.
Status
Published