Bohannon v. Wachovia Bank & Trust Co.

Clarkson, J.(1) The plaintiff contends that the appeal from the order of examination is premature. We cannot .so hold under the facts and circumstances of this case.

In Ward v. Martin, 175 N. C., 287 (289-290), is the following: “A motion was made to dismiss this appeal on the ground that it is premature. There are decisions of this Court holding that a party cannot appeal from an order to appear before the clerk to be examined under oath concerning the matters set out in the pleadings. Pender v. Mallett, 122 N. C., 163; Holt v. Warehouse Co., 116 N. C., 480; Vann v. Lawrence, 111 N. C., 32.…