Emry v. Parker
Supreme Court of North Carolina
This was a MOTION to make parties heard by Brown, J., at the May Term of Halifax Superior Court. The Court allowed the motion, and the defendants appealed. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Shepherd, C. J.:
At the instance of the plaintiffs, apotice was issued to J. J. Daniel to show cause why he should not be made a party defendant, and said Daniel making no resistance, an order to that effect was made by his Honor. From this order the original defendants appealed, and the only question to be considered is whether the appeal can be entertained at this stage of the action.
An appeal cannot be taken from an order of the Superior Court which does not determine the action, and which does not deprive the appellant of any substantial right which he might lose if the order is not…
2Cases cited4 opinions
- Green v. . GreenSupreme Court of North Carolina · 1873
- Clement v. . FosterSupreme Court of North Carolina · 1888
- Welch v. . KinslandSupreme Court of North Carolina · 1885
- Righton, Receiver v. . Pruden, Adm'r.Supreme Court of North Carolina · 1875
3Cited by15 opinions
- Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Bernard v. Shemwell.Supreme Court of North Carolina · 1905
- Edwards v. City of RaleighSupreme Court of North Carolina · 1954
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