Thomas v. County of Carteret
Supreme Court of North Carolina
Civil action-, tried before Connor, J., at June Term, 1920, of Car-teret, upon these issues: • “1. In what amount, if any, is Thomas Thomas, trustee of the courthouse bond sinking fund, indebted to.
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Civil action-, tried before Connor, J., at June Term, 1920, of Car-teret, upon these issues: • “1. In what amount, if any, is Thomas Thomas, trustee of the courthouse bond sinking fund, indebted to. Carteret County ? Answer: '$13,-236.49, with interest.’ “2. What sum, if any, is Carteret County entitled to- recover of the United States Fidelity & Guaranty Company as surety for Thomas Thomas, treasurer of Carteret County'? Answer: 'Nothing.’ “3. What sum, if any, is Carteret County entitled to recover of Mace, administrator of Alonzo Thomas, deceased, on the bond of Thomas Thomas, trustee?…
1Opinion of the CourtBbowN, J.
We are of opinion, tbat tbis appeal is premature, and under tbe rules of tbe Court it must be dismissed ex mero motu. It is well settled by numerous decisions that tbis Court will not entertain premature or fragmentary appeals. Cameron v. Bennett, 110 N. C., 77; Milling Co. v. Finley, 110 N. C., 412. In tbe last ease it was held tbat an appeal only lies from a judgment. Taylor v. Bostic, 93 N. C., 415. No judgment of any"kind appears in tbe record. ,Of course there are cases in which an appeal will lie from a refusal to sign judgment upon issues tbat have been found by tbe jury, but tbis is…
2Cases cited1 opinion
- Taylor v. . BosticSupreme Court of North Carolina · 1885
3Cited by11 opinions
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
- Thomas v. . Carteret CountySupreme Court of North Carolina · 1921
- Hollingsworth GMC Trucks, Inc. v. SmithSupreme Court of North Carolina · 1959
- Hobgood v. . HobgoodSupreme Court of North Carolina · 1915
- Hawley v. . PowellSupreme Court of North Carolina · 1943
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