State Ex Rel. Rodgers v. Todd

36 S.E.2d 230, 225 N.C. 689, 1945 N.C. LEXIS 395

• Court: Supreme Court of North Carolina
• Decided: December 12, 1945
• Status: Published

Opinion

Per Curiam.

This was an action by tbe administrator c. t. a. of tbe estate of R. L. Eox against former executors of tbe estate and tbe surety on tbeir bond to recover for losses alleged to bave been sustained by tbe estate due to failure to account for certain funds collected and for negligent failure to collect others. Tbe defendants, among other defenses, pleaded several statutes of limitation, and moved tbe court for judgment declaring plaintiff’s action barred, and for judgment on tbe pleadings.

Tbe court below held that neither of tbe statutes of limitation pleaded constituted a bar, and denied tbe motion. Defendants excepted and appealed.

It is apparent that defendants’ appeal is both premature and fragmentary. No final judgment has been rendered, and no substantial rights of the. defendants bave been affected by tbe ruling which cannot be protected by an exception and appeal from tbe final judgment, if adverse. Only part of tbe case has been brought up, leaving other parts unsettled. Johnson v. Ins. Co., 215 N. C., 120, 1 S. E. (2d), 381; Cole v. Trust Co., 221 N. C., 249, 20 S. E. (2d), 348; Utilities Com. v. R. R., 223 N. C., 840, 28 S. E. (2d), 490; McIntosh Prac. & Proc., 776. No appeal lies from tbe denial of motion for judgment on tbe pleadings.

Appeal dismissed.