Whitaker v. . Dunn
Supreme Court of North Carolina
Civil action to recover possession of personal property, tried on appeal from a judgment of a Justice of the Peace before Bryan, J., at November Term, 1897, of Halifax Superior Court. The facts appear in the opinion. In this Court the plaintiff moved to dismiss the appeal on the ground that it was prematurely taken.
1Opinion of the Court
Clark, J.:
This action was begun before a Justice of the Peace to obtain possession of certain personal property. On appeal in the Superior Court the defendant moved to dismiss because the summons did not state the value of the property, which was refused, and the plaintiff’s motion to amend by inserting $32, as the value was granted. The defendant appealed. The appeal is premature as to the refusal to dismiss. Lowe v. Accident Association, 115 N. C., 18; Plemmons v. Improvement Co., 108 N. C., 614. An order allowing an amendment is ordinarily not appealable (Goodwin v. Fertilizer Works, 121…
2Cases cited5 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Lowe v. U. S. Mutual Accident Ass'nSupreme Court of North Carolina · 1894
- Gillam v. Life Insurance Co.Supreme Court of North Carolina · 1897
- McPhail Bros. v. JohnsonSupreme Court of North Carolina · 1894
- Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1897
3Cited by1 opinion
- Williams v. BaileySupreme Court of North Carolina · 1919