Clements v. Simmons

Supreme Court of North Carolina

Clements v. Simmons

94 S.E.2d 480, 244 N.C. 523, 1956 N.C. LEXIS 451

DecidedSeptember 26, 1956

StatusPublished

This text of 94 S.E.2d 480 (Clements v. Simmons) 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

Clements v. Simmons, 94 S.E.2d 480, 244 N.C. 523, 1956 N.C. LEXIS 451 (N.C. 1956).

Pincite

Opinion

Per Curiam.

This Court, after the first day of the Spring Term 1956, will not entertain an appeal “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.” Rule 4(a) of the Rules of the Supreme Court, 242 N.C. 766. The demurrer here is not for a misjoinder of parties and causes. The defendants’ attempted appeal is dismissed by virtue of Rule 4(a).

Appeal dismissed.

Johnson, J., not sitting.

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Per Curiam.

This Court, after the first day of the Spring Term 1956, will not entertain an appeal “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.” Rule 4(a) of the Rules of the Supreme Court, 242 N.C. 766. The demurrer here is not for a misjoinder of parties and causes. The defendants’ attempted appeal is dismissed by virtue of Rule 4(a).

Appeal dismissed.

Johnson, J., not sitting.

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Bluebook (online)

94 S.E.2d 480, 244 N.C. 523, 1956 N.C. LEXIS 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-simmons-nc-1956.