Public-domain · open source
OpenJurist

166 N.C. 238

81 S.E 1061

Gouge v. . Bennett

Supreme Court of North Carolina

Decided May 30, 1914

Supreme Court of North Carolina · decided 1914-05-30

<p>Appeal and Error — Process—Motion to Dismiss — Premature Appeal —Procedure—Exceptions.</p> <p>An appeal from the refusal of the trial judge to dismiss an action for want of proper service of process is premature; the procedure being upon exception entered and appeal from final judgment if adverse to the movant.</p>

Decided 1914-05-30

Per Curiam.

¶1 This is an appeal froni the refusal of a motion to dismiss. Nothing is better settled than that “An appeal from the refusal of a motion to dismiss an action for want of proper service of process taken before final judgment is premature, and will not be considered. The better practice is to note an exception and proceed with the trial.” Guilford v. Georgia Co., 109 N. C., 310, and numerous cases cited in that case and in the citations thereto in the Anno. Ed.

¶2 Appeal dismissed.

/166/nc/238 · .json · Public domain