Shelby v. . R. R.

The facts are stated in the Opinion. The defendant pleaded in its answer two separate and distinct defenses. The plaintiff demurred to one of them, as he had a right to do. Revisal, sec. 435. The demurrer was overruled, and the plaintiff appealed. This is obnoxious to the rule forbidding fragmentary appeals. All appeal from a ruling upon one of several issues will be dismissed. Hines v. Hines, 84 N.C. 122; Arrington v. Arrington,91 N.C. 301.

The plaintiff should have noted his exception and the judge should have proceeded with the trial upon both issues. If both issues or only the issue as to…