City of Goldsboro v. Holmes
Cases that cite this one
8 later published cases cite this decision.
- North Carolina Consumers Power, Inc. v. Duke Power Co. (N.C. 1974)
- Utilities Com. v. . R. R. (N.C. 1944)
- State ex rel. North Carolina Utilities Commission v. Atlantic Coast Line Railroad (N.C. 1944)
- Belk's Department Store, Inc. v. . Guilford County (N.C. 1943)
- Johnson v. Pilot Life Insurance (N.C. 1939)
- Serkowich v. Wardell (D.C. Cir. 1938)
- Nantahala Power & Light Co. v. Whiting Manufacturing Co. (N.C. 1936)
- State v. Suncrest Lumber Co. (N.C. 1930)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.