City of Goldsboro v. Holmes
Supreme Court of North Carolina
Appeal by plaintiff from Granmer, J., at tbe August Term, 1921, of WayNe. On 17 November, 1919, the plaintiff made an order for the extension of Asb Street, and thereafter instituted a proceeding for the condemnation of the defendant’s property. On 26 November, 1920, the clerk made an order condemning a strip of the defendant’s land 50 by 420 feet, and appointed three commissioners to appraise the land and the benefits.
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Appeal by plaintiff from Granmer, J., at tbe August Term, 1921, of WayNe. On 17 November, 1919, the plaintiff made an order for the extension of Asb Street, and thereafter instituted a proceeding for the condemnation of the defendant’s property. On 26 November, 1920, the clerk made an order condemning a strip of the defendant’s land 50 by 420 feet, and appointed three commissioners to appraise the land and the benefits. On 24 January, 1921, the commissioners made report, assessing the defendant’s damages at $35,000, and finding no special benefits. To this report no exceptions were filed. On…
1Opinion of the CourtAdams, J.
The record presents an interesting and important question, but we are precluded from giving it consideration at this time. His Honor’s order was interlocutory, not final. The trial should determine all matters at issue, so that a final judgment may be rendered. An appeal that is fragmentary will not be entertained. In addition, we have repeatedly held that no appeal lies from a refusal to dismiss an action or proceeding. Capps v. R. R., 182 N. C., 758; Farr v. Lumber Co., ibid., 725; Cement Co. v. Phillips, ibid., 438. The appeal, therefore, must be dismissed.
Appeal dismissed.
2Cited by8 opinions
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- State v. Suncrest Lumber Co.Supreme Court of North Carolina · 1930
- Nantahala Power & Light Co. v. Whiting Manufacturing Co.Supreme Court of North Carolina · 1936
- Serkowich v. WardellCourt of Appeals for the D.C. Circuit · 1938
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