Smith v. . Matthews
This text of 165 S.E. 350 (Smith v. . Matthews) 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.
Opinion
This is an action to recover damages for wrongful death caused by alleged negligence of the defendant. The issues of negligence, contributory negligence, and damages were answered in favor of the plaintiff. The court as a matter of discretion set aside the verdict as to damages. The defendant appealed.
“A premature appeal is one which is taken before final judgment, or upon an order affecting a substantial right which could be protected by an appeal from a final judgment.” McIntosh’s Practice & Procedure, sec. 676(7). The present appeal is premature and will be dismissed. Chambers v. R. R., 172 N. C., 555; Joyner v. Reflector Co., 176 N. C., 274; Thomas v. Carteret, 180 N. C., 109.
Appeal dismissed.
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Cite This Page — Counsel Stack
165 S.E. 350, 203 N.C. 218, 1932 N.C. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-matthews-nc-1932.