Legal Opinion

Lowry v. Dillingham

Supreme Court of North Carolina

Decided September 18, 1957Published

1Opinion of the Court

Per Cueiam.

The statute, G.S. 1-127, énumerates the cases in which a demurrer may be appropriately interposed. Rule 4(a) of the Court, 242 N.C. 766, fixes the time when a litigant may, by appeal, review a judgment overruling a demurrer. Winston-Salem v. Coach Lines, 245 N.C. 179. The rules are mandatory and when ignored an appeal will be dismissed. S. v. McNeill, 239 N.C. 679, 80 S.E. 2d 680; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126. This appeal is not permitted by the rule. The appeal is

Dismissed.

2Cases cited4 opinions

  1. Pruitt v. WoodSupreme Court of North Carolina · 1930
  2. Pruitt v. . WoodSupreme Court of North Carolina · 1930
  3. City of Winston-Salem v. Winston-Salem City Coach Lines, Inc.Supreme Court of North Carolina · 1956
  4. State v. McNeillSupreme Court of North Carolina · 1954