Doxol Gas of Angier, Inc. v. Howard

MORRIS, Judge.

Though the question is not raised by either party, we must first determine whether this matter is presently appealable. In support of our determination that this case is properly before this Court, we note the decision of our Supreme Court in Jones v. Thorne, 80 N.C. 72, 75 (1879), wherein the then Chief Justice Smith wrote that “[t]he granting or refusing an order . . . for the appointment of a receiver is not a mere matter of discretion in the judge, and either party dissatisfied with his ruling may have it reviewed.” See also G.S. 1A-1, Rule 62 (a).

Defendant basically…