George E. Nissen Co. v. Nissen
Supreme Court of North Carolina
1Opinion of the Court
Per CueiaM.
The court below in its discretion allowed the plaintiff to amend its complaint. The defendant excepted, assigned error and appealed to this Court. We think the appeal premature and fragmentary.
C. S., 638: “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…
2Cases cited4 opinions
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Hardaway Contracting Co. v. Western Carolina Power Co.Supreme Court of North Carolina · 1928
- Smith v. . MillerSupreme Court of North Carolina · 1911
- Leroy v. . SalibaSupreme Court of North Carolina · 1921
3Cited by1 opinion
- Privette v. PrivetteSupreme Court of North Carolina · 1949