Richardson v. . Hobgood

86 S.E. 709, 170 N.C. 37, 1915 N.C. LEXIS 328

• Court: Supreme Court of North Carolina
• Decided: November 3, 1915
• Status: Published

Opinion

BbowN, J.

This matter seems to have been beard upon facts agreed, and from tbe judgment rendered tbe plaintiff appealed. Tbe purpose of tbe action seems to be to recover from tbe defendant, sheriff of Gran-ville County, a borse and buggy and other property of tbe plaintiff seized by tbe sheriff for violation of tbe liquor laws of tbe State under tbe “Search and Seizure” act of 1915, which authorizes tbe seizure of vehicles as well as liquor.

Tbe purpose of tbe plaintiff evidently is to contest tbe validity of such law, but we think tbe appeal is premature, as no final judgment has been rendered in tbe action. Tbe only order made at July Term, 1915, adjudges that tbe defendant bold tbe property or tbe proceeds of tbe sale thereof to await final judgment in this action.

In tbe record is a written agreement, signed by tbe counsel for tbe plaintiff, that tbe defendant sheriff may sell tbe borse and buggy seized by him, and bold tbe proceeds to await final judgment in this action. Tbe record sent up to this Court contains no final judgment, and none seems to have been rendered. Tbe appeal is, therefore, premature, and is

Dismissed.