Mitchell v. . Moore
Supreme Court of North Carolina
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
- Campbell v. . CampbellSupreme Court of North Carolina · 1946