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194 N.C. 202

139 S.E 230

Morris v. . Cleve

Supreme Court of North Carolina

Decided September 14, 1927

Supreme Court of North Carolina · decided 1927-09-14

Cited by 1 later decisions — most recently September 1968

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1927-09-14

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Stacy, C. J.

¶1 This case was before us at the Spring Term, 1927, and is reported in 193 N. C., 389. Within ten days after the receipt of the certificate from this Court, sustaining the demurrer interposed by the present appealing defendants, the plaintiff, after due notice, moved for leave to amend the complaint under C. S., 515. (See, also, C. S., 546, and annotations thereunder.) This motion was allowed, and from the *203 order permitting plaintiff to file an amended complaint the defendants, D. W. Cleve and W. A. Oleve, appeal, assigning error in said ruling. The appeal must be dismissed as premature, since the proper procedure was to note an exception and appeal from the final judgment, if adverse to the defendants. Goodwin v. Fertilizer Works, 123 N. C., 162; Parker v. Harden, 122 N. C., 111.

¶2 Appeal dismissed.

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