Smith v. . Matthews

Supreme Court of North Carolina

Smith v. . Matthews

165 S.E. 350, 203 N.C. 218, 1932 N.C. LEXIS 355

Supreme Court of North Carolina·Decided September 21, 1932·Published·Cited by 6 cases

Opinion

Per Curiam.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

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.

Smith v. . Matthews, 165 S.E. 350, 203 N.C. 218, 1932 N.C. LEXIS 355 (N.C. 1932).

Pincite

165 S.E. 350 (Smith v. . Matthews) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related