Hill v. Smith

VAUGHN, Judge.

The right to appeal from a decision of a superior court judge is governed by G.S. 1-277 which, in pertinent part, provides:

“An appeal may be taken from every judicial order or determination of a judge of a superior court, upon or involving a matter of law or . legal inference, whether made in or out of term, which affects a substantial right claimed in any action or proceeding; or which in effect determines the action, and prevents a judgment from which an appeal might be taken; or discontinues the action, or grants or refuses a new trial.”

Defendant claims that the facts in this…