Joyner v. . Reflector Co.
Supreme Court of North Carolina
Appeal by Hux, intervenor, from Allen, J., at tbe May Term, 1918, of Pitt. This action was brought by O. L. Joyner v. Tbe Reflector Company, a corporation, on 24 November, 1916, asking that a receiver be appointed to take charge of tbe Reflector Company, which was done, L. G. Cooper being appointed receiver. The property of the Reflector Company was sold by said receiver on 19 February, 1917, by virtue of an order of court.
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Appeal by Hux, intervenor, from Allen, J., at tbe May Term, 1918, of Pitt. This action was brought by O. L. Joyner v. Tbe Reflector Company, a corporation, on 24 November, 1916, asking that a receiver be appointed to take charge of tbe Reflector Company, which was done, L. G. Cooper being appointed receiver. The property of the Reflector Company was sold by said receiver on 19 February, 1917, by virtue of an order of court. H. M. Hux, who had obtained judgment against the Reflector Company for $4,000 for tort committed 12 September, 1912, filed a claim with said receiver for and on account of…
1Opinion of the CourtAxleN, J.
This appeal is premature and must be dismissed, because the order appealed from disposes of only one question of many arising upon the record (Hinton v. Ins. Co., 116 N. C., 222; Richardson v. Express Co., 151 N. C., 61); but upon dismissal, the exceptions, duly taken, are preserved to be passed on upon appeal from the final judgment. Gray v. James, 147 N. C., 141.
We have, however, examined the record at the request of both parties, and as another appeal may be avoided by expressing an opinion on the principal questions in controversy, have concluded to do so.(1) We agree with his Honor in…
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