University of North Carolina v. State National Bank

92 N.C. 651

Opinion

Sjiith, C. J.

(after stating the facts). We have repeatedly ruled that under such circumstances, when a part of the issues or mat ters in dispute are passed on, and others material to a disposition of the cause, left open, an appeal was premature and would not be entertained. The cases are numerous to this effect and we are content to refer to some of them. Hines v. Hines, 84 N. C., 122; Commissioners v. Satchwell, 88 N. C., 1; Jones v. Call, 89 N. C., 188; Grant v. Reese, 90 N. C., 3; Arrington v. Arrington, 91 N. C., 301.

In accordance with these adjudications the appeal must be dismissed, and it is so ordered. Let this be certified to the Superior Court of "Wake.

Appeal dismissed.