An order overruling.a demurrer ore tenus is not appeal-able. Morgan v. Oil Co., 236 N.C. 615, 73 S.E. 2d 477. Hence, tbis *574appeal will be dismissed on authority of the above decision and the cases cited therein.
Appeal dismissed.
Langley v. Taylor, 241 N.C. 573 (1955)
March 2, 1955
·
Supreme Court of North Carolina
241 N.C. 573
DAVID LANGLEY v. GEORGE TAYLOR, Chairman, and TOMMIE SPARROW and J. L. LANCASTER, Members Comprising THE BEAUFORT COUNTY ABC BOARD on June 15, 1951.
(Filed 2 March, 1955.)
Appeal and Error § 2—
An order overruling a demurrer ore tenus is not appealable.
Appeal by defendants from Nimocks, J., October Term, 1954, of Beaueoet.
Civil action to recover damages for tbe alleged negligent failure of tbe defendants to require William A. Patrick, an ABC enforcement officer, to give bond as prescribed by G.S. 128-9. Tbe plaintiff herein instituted an action against Patrick, et al., in 1952, which case was disposed of at tbe Fall Term, 1953, of tbis Court. See Langley v. Patrick, 238 N.C. 250, 77 S.E. 2d 656.
In tbe instant case tbe defendants demurred ore tenus to tbe plaintiff’s complaint. Tbe court below overruled tbe demurrer and tbe defendants appeal, assigning error.
LeBoy Scott and John A. Wilkinson for plaintiff.
Bodman & Bodman for defendants.