Green v. Best

BRITT, Judge.

Plaintiff contends that because of Rule 4(a) of the Rules of Practice in the Court of Appeals, an appeal by defendant from the order denying his motion to dismiss plaintiff’s action for that the complaint fails to state a claim upon which relief can be granted is not proper. We agree with the contention.

Although defendant does not state in his motion to dismiss the rule of Civil Procedure under which he moves, presumably it is Rule 12(b) (6). In the recent case of Sutton v. Duke, et als, 277 N.C. 94, 176 S.E. 2d 161 (filed 28 August 1970), opinion by Sharp, Justice, we find:

“A…