Legal Opinion

Leroy v. . Saliba

Supreme Court of North Carolina

Decided September 14, 1921PublishedCited by 8 opinions

Appeal by defendant from Allen, J., at January Term, 1921, of Pas-QUOTANK. Upon tbe issue whether the plaintiff and defendant entered into a contract of partnership, as alleged in the complaint, the jury answered “Yes,” and it appearing to the court that the taking of an account of the partnership receipts and expenses was necessary for the information of the court, such reference is ordered, and the defendant appealed.

1Opinion of the Court

Per Otieiam.

The jury having found that the partnership existed, an appeal from the order of reference before judgment upon the report thereon is premature and fragmentary, and must be dismissed by the court ex mero motu. The defendant should have noted his exception and upon the coming in of the report and exceptions thereto should have brought up his appeal from the final judgment. No appeal lay at this stage. C. S., 573 (2), and cases there cited.

In Blackwell v. McCaine, 105 N. C., 460, the Court said: “Many cases decide that an appeal does not lie at once from an interlocutory judgment or…

2Cases cited3 opinions

  1. Jones v. Wooten.Supreme Court of North Carolina · 1905
  2. Blackwell v. . McCaineSupreme Court of North Carolina · 1890
  3. Shankle v. Whitley.Supreme Court of North Carolina · 1902

3Cited by8 opinions

  1. Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
  2. Cole v. Farmers Bank & Trust Co.Supreme Court of North Carolina · 1942
  3. Rudisill v. HoyleSupreme Court of North Carolina · 1961
  4. Whitehurst v. . HintonSupreme Court of North Carolina · 1942
  5. George E. Nissen Co. v. NissenSupreme Court of North Carolina · 1930

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