The record presents an interesting and important question, but we are precluded from giving it consideration at this time. His Honor’s order was interlocutory, not final. The trial should determine all matters at issue, so that a final judgment may be rendered. An appeal that is fragmentary will not be entertained. In addition, we have repeatedly held that no appeal lies from a refusal to dismiss an action or proceeding. Capps v. R. R., 182 N. C., 758; Farr v. Lumber Co., ibid., 725; Cement Co. v. Phillips, ibid., 438. The appeal, therefore, must be dismissed.

Appeal dismissed.