(After stating the case as above.) There is no particular error alleged in the ruling of the court, and we only know from the argument here of what the plaintiffs ■complain. It is insisted that the order of reference was unauthorized, not -because the matter was not a proper subject ■of reference within the provisions of the Code, but for the reason that it was wholly immaterial to the controversy.. The court may without consent of parties, on application of either, or of its own motion, make an order of reference, where the taking of an account shall be necessary for the information of the Court. C. O. P. § 245 (2.)
The only question tobe considered by us is this, does an appeal lie from this interlocutory order, made to ascertain certain .-controverted facts and without prejudice, and can this court *22be called on to declare them immaterial at this preliminary stage of the proceedings and before trial t
In our opinion the appeal was improvidently taken and is not warranted by C. C. P. § 29ffor by the adjudications of this court.
The section of the Code referred to authorizes an appeal “from every judicial order or determination of a judge of a superior court involving a matter of law or legal inference,, which affects a substantial right, claimed in any action or proceeding.” We are unable to see how any “substantial right” of the plaintiffs can be affected by an enquiry to ascertain the facts of the alleged expenditures of the proceeds of sale received by the guardian and relied on as an equity-in the-answer. If they are-immaterial, no prejudice to the-plaintiffs can result from an enquiry,, by which the immateriality will be ascertained and determined, unless in the delaj1, and costs of the reference, and these follow equally an order of continuance. If an issue involving the same subject matter had been directed to be submitted to the jury, it is quite plain that an appeal would not lie for the obvious reason that no- substantial right would be affected, and this and every order made at and during the progress of the-trial can be reviewed on appeal after verdict and judgment. The order in this case-simply substitutes in place of an issue-for the jury, another mode of presenting the facts before the court, and it is when these facts enter as elements in the-judgment controlling or modifying it, that any rights of the plaintiffs are involved. It is not the policy of the law or the intent of the present system- of procedure to have-causes brought up for revision in fragmentary parts when the same ends can be attained without injury to parties by a presentation of them in their entirety, and the litigation be concluded. And hence it is that interlocutory appeals: are allowed w:hen. a decision is made affecting substantial rights,, which without such appeals, would be beyond cor-*23rectiou afterwards. Thus it has been held that an appeal does not lie upon a refusal of tire judge to pass upon the competency and materiality of evidence before trial. Wallington v. Montgomery, 74 N. C., 372. Nor for his refusal to grant a motion to dismiss the proceeding. Mitchell v. Kilburn, 74 N. C., 483 ; Crawley v. Woodfin, 78 N. C., 4 ; McBryde v. Patterson, Ibid. 412.
Tlie principle which governs in appeals is thus stated by Rodman, J., delivering the opinion of the court in Childs v. Martin, 68 N. C., 307 : “ The C. C. P. is liberal in giving the right to appeal. But it is of the nature of an appeal that it must be from some determination which affects in whole or in part the legal or actual merits of the controversy.”
In the recent case of Commissioners of Wake v. Magnin, 78 N. C., 181, an appeal was taken from a judgment overruling a demurrer, which was sustained upon authority, and'the court say: “ We have over and again entertained appeals from such orders, and although it may admit of doubt whether the Code would not bear a different construction, yet it is a matter of practice which experience can best test, and if found to be inconvenient, it can be easily altered by legislation or possibly by a rule of this court.”
We shall not undertake in this indirect method to pass upon questions involving the competency and materiality of evidence before it can be known what it is, nor upon its force and effect upon the claims of the plaintiffs, or in adjusting the equities which may arise among the defendants themselves. Interruptions in the preparation of cases for trial by appeal are not to be favored, nor allowed unless the appeal comes within the provisions of the Code, and the more especially since it is now a matter of right and not subject to the control of the court.
The appeal must be dismissed, that the cause may proceed in the court below.
Pee Cdkiam. Appeal dismissed.