Lowe v. U. S. Mutual Accident Ass'n
Supreme Court of North Carolina
Civil actioN, heard at Spring Term, 1894, of Chowan Superior Court, before Arm-field, J., from whose refusal of a motion to dismiss the action the defendant appealed. The facts necessary to an understanding of the decision appear in the opinion of Associate Justice Avery.
1Opinion of the Court
Avery, J.:
It has been repeatedly held by this Court that while an appeal lies from an order dismissing an action, a refusal to dismiss does not “ determine the suit or prevent a judgment from which an appeal may be taken,” and is not reviewable in the appellate Court without further proceedings in the cause. Plummons v. Improvement Co., 108 N. C., 614, and other cases cited in Clark’s Code, pp. 559 and 560 But as we can see that the ends of justice may be subserved in this particular case by passing upon the main question involved in the controversy, we have concluded that it is proper to do…
2Cases cited2 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
3Cited by15 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Avis v. Hartford Fire Insurance CompanySupreme Court of North Carolina · 1973
- Kendall v. Travelers' Protective Ass'nOregon Supreme Court · 1918
- Boyd v. Bankers & Shippers Insurance CompanySupreme Court of North Carolina · 1957
- Heilig v. . Insurance CompanySupreme Court of North Carolina · 1910
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