Gray v. . Gaither
Supreme Court of North Carolina
Civil aotiok, returnable to the Spring Term, 1874, of Davie Superior Court, and beard before Cloud, J., upon a motion in the cause. In 1873 one James Gray died, leaving a last will and testament, which was duly admitted to probate, the defendant qualifying as executor thereof. The plaintiffs instituted this action to recover a legacy under said will, and on "Wednesday of the return term moved to be allowed until the following Friday to file their complaint.
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Civil aotiok, returnable to the Spring Term, 1874, of Davie Superior Court, and beard before Cloud, J., upon a motion in the cause. In 1873 one James Gray died, leaving a last will and testament, which was duly admitted to probate, the defendant qualifying as executor thereof. The plaintiffs instituted this action to recover a legacy under said will, and on "Wednesday of the return term moved to be allowed until the following Friday to file their complaint. On Friday they were allowed further time to file their complaint, the defendant objecting. On "Wednesday of the second week the…
1Opinion of the CourtRodjiak, J.
The eases in which an appeal is allowed are stated in C. C. P., sec. 299. “ An appeal may be taken from
every judicial order or determination of a Judge of a Superior Court upon or involving a m.atter of law or legal inference, whether made in or out of term which affects a substantial right claimed in any action or proceeding,” <fcc.
The present case fails to come within this liberal rule in two respects. 1. The order of the Judge does not involve any matter of law. 2. It does not affect any substantial right.
The order determines nothing. It is merely in the nature of a notice to appear and…
2Cited by4 opinions
- Stair v. MeisselIndiana Supreme Court · 1934
- Morehouse v. Pacific Hardware & Steel Co.Court of Appeals for the Ninth Circuit · 1910
- First National Bank & Trust Co. v. KroghNorth Dakota Supreme Court · 1940
- Wallington v. . MontgomerySupreme Court of North Carolina · 1876