Town of Wadesboro v. Coxe, 216 N.C. 545 (1939)

Nov. 29, 1939 · Supreme Court of North Carolina
216 N.C. 545

TOWN OF WADESBORO v. FRED J. COXE and Wife, ELIZABETH D. COXE, and JAMES A. HARDISON and Wife, LILLIAN H. HARDISON.

(Filed 29 November, 1939.)

Appeal and Error § 2—

No appeal lies from tbe refusal of a motion to dismiss.

Appeal by defendants from Sink, J., at September Term, 1939, of ANSON.

Robinson, Pruette & Caudle for plaintiff, appellee.

B, M. Covington for defendants, appellants.

Pee Cueiam.

This is an appeal from an order denying a motion to dismiss tbe action. The appeal must be dismissed, since no appeal lies from a refusal to dismiss an action. Johnson v. Ins. Co., 215 N. C., 120, and cases there cited.

Appeal dismissed.