Griffin v. Bank of Coleridge

The defendants have appealed three times from as many judgments in the same case.

As the demurrer, interposed by the defendants at the hearing in Sanford, and renewed here, does not “distinctly specify the grounds of objection to the complaint,” it might well have been disregarded (C. S., 512), or treated as a motion to dismiss (Elam. v. Barnes, 110 N. C., 73, 14 S. E., 621), from the refusal of which no appeal lies. Plemmons v. Improvement Co., 108 N. C., 614, 13 S. E., 188.

“A motion to dismiss for want of jurisdiction or because the complaint does not state a cause of action is not such a…