State v. . Clarke

It will be noted that the order of Judge Nettles from which appeal is taken simply “refuses to strike out the forfeiture heretofore entered in this cause.” This is in no wise a final judgment, and in no way affects a substantial right which could not be protected upon an appeal from a final judgment, and therefore the appeal is premature and should be dismissed. The proper procedure was to note an exception and appeal from the final judgment, if adverse to the defendants. Morris v. Cleve, 194 N. C., 202, 139 S. E., 230; Smith v. Matthews, 203 N. C., 218, 165 S. E., 350; N. C. Prac. & Proc.…