Luttrell v. . Martin

16 S.E. 325 | N.C. | 1892

^* AVERY, J., did not sit. It is settled that no appeal lies from a refusal to dismiss an action.Plemmons v. Improvement Co., 108 N.C. 614. Nor does an appeal lie from an interlocutory order adjudging that the defendants have been duly served with process and are properly before the court. Guilford v. GeorgiaCompany, 109 N.C. 310.

The appeal in this case is premature, and must be dismissed.

APPEAL DISMISSED.

Cited: Williams v. Bailey, 177 N.C. 40.

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