Gouge v. . Bennett

81 S.E. 1061, 166 N.C. 238, 1914 N.C. LEXIS 385

Opinion

Per Curiam.

This is an appeal froni the refusal of a motion to dismiss. Nothing is better settled than that “An appeal from the refusal of a motion to dismiss an action for want of proper service of process taken before final judgment is premature, and will not be considered. The better practice is to note an exception and proceed with the trial.” Guilford v. Georgia Co., 109 N. C., 310, and numerous cases cited in that case and in the citations thereto in the Anno. Ed.

Appeal dismissed.