Capel v. . Peebles
Supreme Court of North Carolina
Civil ActioN, heard, on motion of the parties, at Spring Term, 1878, of Northampton Superior Court, before Seymour, J. On a sale of land on the 3rd of June, 1861, by a clerk and master of the court of equity of Northampton county on an exparte petition, the defendant, John T. Peebles, becoming the purchaser at $112 gave bond to secure the same with defendant Isaac Peele as his surety, and on motion. in the 'cause in the superior court at fall term, 1874, judgment was entered…
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Civil ActioN, heard, on motion of the parties, at Spring Term, 1878, of Northampton Superior Court, before Seymour, J. On a sale of land on the 3rd of June, 1861, by a clerk and master of the court of equity of Northampton county on an exparte petition, the defendant, John T. Peebles, becoming the purchaser at $112 gave bond to secure the same with defendant Isaac Peele as his surety, and on motion. in the 'cause in the superior court at fall term, 1874, judgment was entered on said bond for the purchase money. At spring term, 1875, the defendants moved to set aside the judgment on the ground…
1Opinion of the CourtDillard, J.
(After stating the case.) One question for our consideration is — could any appeal be properly taken from the refusal to give the judgment prayed for? An appeal lies only “from an order or determination of a judge upon or involving a matter of law or legal inference, 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.” C. C. P., § 299. There was here no order or determination at all. The defendants had no right…
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