Nash v. City of Monroe

The plaintiff insists that the order of the trial judge was an interlocutory order, and that an appeal was premature and should be dismissed. The defendant, upon the other hand, contends that the judgment in the former action was a final judgment, and consequently, the trial judge had no authority to resurrect a dead case and put it back on the trial docket.

The contention of defendant is sound and is directly supported by Poison v. Strickland, 193 N. C., 299. See, also, Moore v. Edwards, 192 N. C., 446.

The suit was brought originally to restrain the payment of the note and to prevent the city…