Hailey v. . Gray
Supreme Court of North Carolina
Appeal — Judgments, final and interlocutory. This is a civil ACTION in the nature of Claim and Delivery, tried at Chambers, Fall Term, 1885, of Montgomery Superior Court, before Montgomery, Judge.
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Appeal — Judgments, final and interlocutory. This is a civil ACTION in the nature of Claim and Delivery, tried at Chambers, Fall Term, 1885, of Montgomery Superior Court, before Montgomery, Judge. On the 17th day of February, 1881, R. C. Gray and M. F. Gray executed to the plaintiff an agricultural lien and mortgage in which they conveyed the following personal property, to-wit: One bay horse, named John, and one dark colored mare, named Lucy, with the understanding that if said R. C. Gray and M. F. Gray shall well and truly pay said Wm. W. Hailey for the advances aforesaid on or before the…
1Opinion of the CourtMerrimon, J.
The appeal in this case was prematurely taken. The judgment appealed from was not final, nor was it such as, in any aspect of the case, would deprive the appellant of a substantial right by delaying the appeal until the final judgment shall be granted.
The Court directed an issue to be tried by the jury at the next term, preparatory to afiual judgment. The plaiutiff's exceptions, were taken, and will remain on record to be brought up by appeal from the final judgment, if he shall be dissatisfied therewith,, when they may be heard just as well as at the present stage of the action.
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2Cases cited2 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Lutz v. . ClineSupreme Court of North Carolina · 1883
3Cited by10 opinions
- Privette v. PrivetteSupreme Court of North Carolina · 1949
- Warren v. . StancillSupreme Court of North Carolina · 1895
- Pritchard v. Panacea Spring Co.Supreme Court of North Carolina · 1909
- Hilliard v. . OramSupreme Court of North Carolina · 1890
- Goode v. . RogersSupreme Court of North Carolina · 1900
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