Gouge v. . Bennett

Supreme Court of North Carolina

Gouge v. . Bennett

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

DecidedMay 30, 1914

StatusPublished

This text of 81 S.E. 1061 (Gouge v. . Bennett) 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

Gouge v. . Bennett, 81 S.E. 1061, 166 N.C. 238, 1914 N.C. LEXIS 385 (N.C. 1914).

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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.

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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.

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Bluebook (online)

81 S.E. 1061, 166 N.C. 238, 1914 N.C. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gouge-v-bennett-nc-1914.

Opinion

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