23 S.E. 216 | N.C. | 1895
This action was by consent of the parties referred by the court to E. A. Moye, arbitrator, his award to be the judgment of the court. When the award came in exceptions were filed thereto by the defendants. After hearing the exceptions his Honor gave judgment setting aside the award, making new parties and re-referring the case to the same arbitrator. From this judgment the plaintiff undertook *81
to appeal to this Court. It is unnecessary for us to consider whether sufficient cause appeared on the face of the award to warrant his Honor in setting it aside. The only question for our consideration (113) is whether the judgment is appealable. We are of the opinion that no appeal lay, because the judgment directed further proceedings and was not a final one. It affected no substantial right of the plaintiff which required an immediate adjudication to prevent loss or injury to him. The judgment below only delayed the appeal until the final judgment should be granted, and such delay did not deprive the appellant of any substantial right. Hailey v. Gray,
Dismissed.
Cited: Harding v. Hart,