Bradshaw v. Citizens National Bank
Supreme Court of North Carolina
Civil actxoN beard, on motion to dismiss, by 8haw, J., at April Term, 1916, of Mitchell. Tbe following facts were found by tbe judge-: “Prior to 1 January, 1915, a suit between tbe same parties, plaintiffs and defendants, as those in tbis ease was instituted in tbe Superior Court of Yancey County, and was not brought in forma, pauperis, but tbe plaintiffs gave bond in that suit for tbe costs.
Read the full summary
Civil actxoN beard, on motion to dismiss, by 8haw, J., at April Term, 1916, of Mitchell. Tbe following facts were found by tbe judge-: “Prior to 1 January, 1915, a suit between tbe same parties, plaintiffs and defendants, as those in tbis ease was instituted in tbe Superior Court of Yancey County, and was not brought in forma, pauperis, but tbe plaintiffs gave bond in that suit for tbe costs. Tbe action in tbe Superior Court of Yancey County and tbis action were both brought for tbe identical relief by plaintiffs against defendants; that prior to 1 March, 1915, tbe plaintiffs in tbe suit in…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe appeal was prematurely taken, or, to be more accurate, an appeal does not lie from tbe refusal *633of a motion to dismiss an action. The defendants should have noted their exception to the adverse ruling and proceeded with the trial, and at the final hearing the exception could be reserved to them and reviewed in this Court by an appeal from the final judgment upon a proper assignment of error. This has been the uniform practice in such cases. We said in School Trustees v. Hinton, 156 N. C., 586: “This appeal is premature and, upon motion, is dismissed. The…
2Cases cited21 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- State v. . WyldeSupreme Court of North Carolina · 1892
- Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- Jester v. . Steam Packet Co.Supreme Court of North Carolina · 1902
- American Union Telegraph Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1880
16 more not listed; retrieve them via the Exa API.