Shankle v. Whitley.
Supreme Court of North Carolina
AotioN by S. L. Shankle, administratrix of W. L. Shankle, against G. A. Whitley, heard by Judge Thomas A. McNeill and a jury, at April Term, 1902, of the Superior Court of RichmoND County. From a judgment for the defendant, the plaintiff appealed.
1Opinion of the CourtClark, J.
Upon the issues found by the jury, it was necessary to have an account taken, and the cause was referred to a referee to state the account. It was premature to appeal before the final judgment upon the coming in of the report. Blackwell v. McCain, 105 N. C., 460, and numerous cases there cited. The plaintiff should have merely entered his exception at this stage. Williams v. Walker, 107 N. C., 334.
A distinction must be noted between those cases in which the plea in bar is sustained, or overruled, as a matter of law by the Juclge, whereupon the party may appeal at once if he so elect (Royster…
Also in this document: Dissent.
2Cases cited5 opinions
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Blackwell Durham Tobacco Co. v. McElweeSupreme Court of North Carolina · 1886
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Williams v. . WalkerSupreme Court of North Carolina · 1890
3Cited by5 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Efland v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Leroy v. . SalibaSupreme Court of North Carolina · 1921
- Mauney v. Hamilton.Supreme Court of North Carolina · 1903
- McLennon v. FennerSouth Dakota Supreme Court · 1905