Capps v. Atlantic Coast Line Railroad
Cases that cite this one
3 later published cases cite this decision.
- Utilities Com. v. . R. R. (N.C. 1944)
- State ex rel. North Carolina Utilities Commission v. Atlantic Coast Line Railroad (N.C. 1944)
- Johnson v. Pilot Life Insurance (N.C. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe judgment appealed from is as follows: “Tbe motion to. dismiss, made by tbe defendant in bis answer, is hereby overruled; and tbe other matters and things set up in tbe pleadings are hereby continued for further consideration by tbe court.”
Tbe uniform decisions of this Court have always been that “no appeal lies from a refusal to dismiss.” McBryde v. Patterson, 78 N. C., 412, down to date, see cases cited under C. S., 638, at p. 278 of vol. 1. If it were otherwise, tbe defendant in every case could always get from 6 to 12 months delay by simply moving to dismiss and appealing from a refusal to do so.
It is useless to cite cases, for they are very numerous and without any exception. As this Court has said (as to another point) : “There are some matters, at least, which should be deemed settled, and this is one of them.” Burrell v. Hughes, 120 N. C., 279.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.