State v. . Osborne

18 N.C. 114

• Court: Supreme Court of North Carolina
• Decided: December 5, 1834
• Status: Published

Opinion

Per Curiam.

— The case is not in a state for the decision of the questions argued at the bar, as no judgment of the Superior Court, either final or interlocutory, appears upon the record. The discharge of a rule to show cause, why a new trial should not be granted, is not an interlocutory judgment within the act of 1831, ch. 34; which means a decision of the Court establishing a right of the plaintiff or disposing of some part of the defence conclusively, as that partition be made, or that the defendant answer over, or the like.

The appeal must therefore be dismissed at the costs of the appellant, and the case remanded for farther proceedings to be had in the Superior Court.