Legal Opinion

Mitchell v. . Moore

Supreme Court of North Carolina

Decided June 5, 1867PublishedCited by 1 opinion

Bill, brought up by appeal (by the defendants) from an order made by Mitchell, J-, at Spring Term, 1887, of the Court of Equity for Grates. The opinion renders a further statement unnecessary.

1Opinion of the CourtBeade, J.

The case was considered in this court on a motion by the plaintiffs to dismiss the appeal.

The record shows nothing but the name of the case and the following entries: “Injunction executed; Answer filed; Continued; Defendant appeals to the Supreme Court.”

An appeal from an interlocutory order is allowed by Bev. Code, c. 4, s. 23; but it must be an order affecting the merits of the cause. An order of continuance is not such an order; and yet that is the only order on the record. From that order the defendant appealed.

In Graham v. Skinner, 4 Jon. Eq. 94, it is said: “There may be indeed some…

Also in this document: Per curiam.

2Cited by1 opinion

  1. Campbell v. . CampbellSupreme Court of North Carolina · 1946

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