Supreme Court of North Carolina, 1956

Clements v. Simmons

Clements v. Simmons
Supreme Court of North Carolina · Decided September 26, 1956 · Johnson
244 N.C. 523; 94 S.E.2d 480; 1956 N.C. LEXIS 451

Clements v. Simmons

Opinion of the Court

Per Curiam.

This Court, after the first day of the Spring Term 1956, will not entertain an appeal “from an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action.” Rule 4(a) of the Rules of the Supreme Court, 242 N.C. 766. The demurrer here is not for a misjoinder of parties and causes. The defendants’ attempted appeal is dismissed by virtue of Rule 4(a).

Appeal dismissed.

Johnson, J., not sitting.

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