Supreme Court of North Carolina, 1914

Gouge v. . Bennett

Gouge v. . Bennett
Supreme Court of North Carolina · Decided May 30, 1914 · PER CURIAM.
81 S.E. 1061; 166 N.C. 238; 1914 N.C. LEXIS 385 (South Eastern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.