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111 N.C. 528

16 S.E 325

Luttrell v. . Martin

Supreme Court of North Carolina

Decided September 5, 1892

Supreme Court of North Carolina · decided 1892-09-05

<p>MotioN, heard before Graves, J., at the Spring Term, 1892, of Burke Superior Court.</p>

Cited by 1 later decisions — most recently February 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-09-05

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Burwell, J.:

¶1 It is settled that no appeal lies from a refusal to dismiss an action. Plemmons v. Improvement Co., 108 N. C., 614. Nor does an appeal lie from an interlocutory order adjudging that the defendants have been duly served with process and are properly before the Court. Guilford County v. Georgia Company, 109 N. C., 310.

¶2 The appeal in this case is premature, and must be dismissed. It is so ordered. Appeal Dismissed.

¶3 Avery, J., did not sit.

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