Welch v. . Kinsland
Supreme Court of North Carolina
Appeal. This was an appeal from an order made in the cause by Gilmer, Judge, at Spring Term, 1885, of Haywood Superior Court. At Spring Term, 1882, of the Superior Court of the county of Haywood, the Court made an order in the action, setting aside the report of a referee, and directing a survey with instructions as to how the same should be made.
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Appeal. This was an appeal from an order made in the cause by Gilmer, Judge, at Spring Term, 1885, of Haywood Superior Court. At Spring Term, 1882, of the Superior Court of the county of Haywood, the Court made an order in the action, setting aside the report of a referee, and directing a survey with instructions as to how the same should be made. This order did not have the effect in any aspect of it, to determine the action, or necessarily to affect the right of the plaintiff. The Judge who made the order above referred to, out of term time, while he was holding Court in an adjoining…
1Opinion of the CourtMerkimoN, J.
(after stating the facts). The action has not been determined npon its merits. The judgment appealed from is not a final, but an interlocutory one, that in no aspect of it, can put an end to the action, nor can it have the effect to deprive the appellant of a substantial right that he may lose, if the same shall not be reviewed at once and before final judgment; he can have the benefit of his exception, specified in the record, upon appeal from the final judgment, as well as at the present stage of the action. It may turn out that the plaintiff may be able to assert, his alleged right…
2Cases cited1 opinion
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
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