Luttrell v. Martin, 111 N.C. 528 (1892)

Sept. 1892 · Supreme Court of North Carolina
111 N.C. 528
S. B. LUTTRELL v. J. L. MARTIN et al.

S. B. LUTTRELL v. J. L. MARTIN et al.

Appeal — Interlocutory Orders.

Appeal does not lie from a refusal to dismiss an action, nor from an order adjudging that defendants have been duly served with process, and are properly before the Court.

MotioN, heard before Graves, J., at the Spring Term, 1892, of Burke Superior Court.

Mr. S. J. Ervin, for plaintiff.

Messrs. M. Silver (by brief) and Isaac T. Avery, for defendants.

Burwell, J.:

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 County v. Georgia Company, 109 N. C., 310.

The appeal in this case is premature, and must be dismissed. It is so ordered. Appeal Dismissed.