Gill v. Smith
This text of 62 S.E.2d 546 (Gill v. Smith) 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.
Opinion
The order allowing time to amend had the effect of retaining the cause on the docket. So then, the taproot of defendants’ exception is the refusal to dismiss the action. But no appeal lies from a refusal to dismiss. Johnson v. Insurance Co., 215 N.C. 120, 1 S.E. 2d 381. The order entered was interlocutory and discretionary. G.S. 1-131, 162. That there was no motion to be allowed to amend, if such be required, is not made to appear. Teague v. Oil Co., 232 N.C. 469. Appeal therefrom was premature, Johnson v. Insurance Co., supra; Utilities Com. v. R. R., 223 N.C. 840, 28 S.E. 2d 490; Privette v. Privette, 230 N.C. 52, 51 S.E. 2d 925, and will be dismissed.
Appeal dismissed.
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Cite This Page — Counsel Stack
62 S.E.2d 546, 233 N.C. 86, 1950 N.C. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-smith-nc-1950.