Knight v. . Little

While the plaintiffs make no formal motion to dismiss the appeal for that it is fragmentary and premature, they so contend in their brief filed and cite authorities in support thereof. It has been so held by this Court, Holt v. Warehouse Co., 116 N. C., 487; Smith v. Wooding, 177 N. C., 546, 94 S. E., 404; Monroe v. Holder, 182 N. C., 79, 108 S. E., 359; Johnson v. Mills Co., 196 N. C., 93, 144 S. E., 534, and cases cited.

Even though an appeal be premature this Court may, in its discretion, consider the questions presented and express an opinion upon the merits thereof. Dowdy v. Dowdy, 154 N.…