C. R. Wilks, Inc. v. Dillingham

Supreme Court of North Carolina

C. R. Wilks, Inc. v. Dillingham

94 S.E.2d 495, 244 N.C. 522, 1956 N.C. LEXIS 457

DecidedSeptember 26, 1956

StatusPublished

This text of 94 S.E.2d 495 (C. R. Wilks, Inc. v. Dillingham) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C. R. Wilks, Inc. v. Dillingham, 94 S.E.2d 495, 244 N.C. 522, 1956 N.C. LEXIS 457 (N.C. 1956).

Pincite

Opinion

Per Curiam.

Rule 4(a) of the Rules of Supreme' Court, .242 N.C. 766, provides that “From and after the first day of the Spring Term 1956, this Court will not entertain an appeal: (1) From an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action . . .”

The attempted appeal in the instant case fails to come within the exception. Hence on authority of this Rule 4(a) the appeal will be and it is hereby dismissed ex mero motu, without prejudice to rights reserved to demurrant under the rule.

Appeal dismissed.

Johnson, J., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Rule 4(a) of the Rules of Supreme' Court, .242 N.C. 766, provides that “From and after the first day of the Spring Term 1956, this Court will not entertain an appeal: (1) From an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action . . .”

The attempted appeal in the instant case fails to come within the exception. Hence on authority of this Rule 4(a) the appeal will be and it is hereby dismissed ex mero motu, without prejudice to rights reserved to demurrant under the rule.

Appeal dismissed.

Johnson, J., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

94 S.E.2d 495, 244 N.C. 522, 1956 N.C. LEXIS 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-r-wilks-inc-v-dillingham-nc-1956.