Supreme Court of North Carolina, 1960

Guinn ex rel. Guinn v. Kincaid

Guinn ex rel. Guinn v. Kincaid
Supreme Court of North Carolina · Decided October 19, 1960 · Cüriam
253 N.C. 228; 116 S.E.2d 380; 1960 N.C. LEXIS 476

Guinn ex rel. Guinn v. Kincaid

Opinion of the Court

Pek CüRiam.

In the case of Boles v. Graham, 249 N.C. 131, 105 S.E. 2d 296, this Court said: “Appeal does not lie from an order overruling a demurrer in any case except where it is interposed as a matter of right for misjoinder of parties and causes. Prior to trial on the merits, an order overruling a demurrer for failure to state a cause of action can be reviewed only by writ of certiorari. Rule 4(a), Rules of Practice in the Supreme Court, 242 N.C. 766. The defendants are here prematurely.”

This appeal is likewise premature.

Appeal dismissed.

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