International Waste Co. v. Bloomfield Manufacturing Co.

83 S.E. 609, 168 N.C. 92, 1914 N.C. LEXIS 14

• Court: Supreme Court of North Carolina
• Decided: December 2, 1914
• Status: Published

Opinion

Per OuriaM.

The appeal in this case is premature, and this Court has held in many cases that premature appeals will- be dismissed. There are cases in which the Court in the exercise of a sound discretion has passed on the points raised by the appeal, notwithstanding it was premature, but nevertheless has dismissed the appeal.

In the case at bar we do not think it proper to exercise that discretion. It is very rare that this Court will consent to take up an appeal by piecemeal. The plaintiff should have noted its exception, as it did to the judgment of the coúrt; made up the case on appeal, presenting its several exceptions taken on the trial, as has been done; and then, after the referee has made his report and that has been passed on and the final judgment rendered, an appeal may be taken to this Court from such final judgment.

It appears in this record that the alleged cause of action is a breach of contract in a failure upon the part of the defendant to deliver, not only the Egyptian comber, Egyptian strippings, and weave-room waste, but also to deliver the other grades of cotton set out in the contract. It appears that the matter to be considered by the referee relating to the “other articles” mentioned in the judgment has not been determined.

The cause will be remanded, to the end that the reference be taken and a final judgment rendered, from which the appeal may be taken to this Court.

Appeal dismissed.