Barrier v. Randolph

There has been no adjudication of the rights of the parties. The court did not enter final judgment but simply denied plaintiffs’ motion for judgment on the pleadings. It is well established that an appeal does not lie from a denial of a -motion for judgment on the pleadings. The proper practice was far plaintiffs to except to the ■court's denial of -their said motion and bring forward, this exception in the event of their .appeal 'from an adverse final judgment. Howland v. Stitzer, 240 N.C. 689, 692, 84 S.E. 2d 167; Garrett v. Rose, 236 N.C. 299, 304, 72 S.E. 2d 843; Erickson v. Starling,…