Rogers v. Brantley

94 S.E.2d 896, 244 N.C. 744, 1956 N.C. LEXIS 512

• Court: Supreme Court of North Carolina
• Decided: November 7, 1956
• Docket: 471
• Status: Published

Opinion

Per Curiam.

It being made to appear to this Court in connection with motion suggesting diminution of record that this special proceeding is still pending in the Superior Court, and that no final judgment has been entered, this Court holds ex mero motu that the appeals are fragmentary and premature, and, therefore, must be dismissed, — and it is so ordered, preserving, nevertheless, exceptions of the respective parties to the said orders, staying execution of the orders, and holding in statu quo sufficient funds in the hands of the Clerk of Superior Court for compliance with said orders, if eventually approved, all pending final determination of the proceeding.

Appeal dismissed.

Johnson, J., not sitting.