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Luttrell v. Martin

S. B. LUTTRELL v. J. L. MARTIN Et Al.

Luttrell v. Martin, 16 S.E. 325 (N.C. 1892)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 5, 1892
Judges
Burwell
Citations
16 S.E. 325111 N.C. 528
Headnotes
Appeal — Interlocutory Orders. Appeal does not lie from a refusal to dismiss an action, nor from an order adjudging that defendants have been duly served with process, and are properly before the Court.
Summary
MotioN, heard before Graves, J., at the Spring Term, 1892, of Burke Superior Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Burwell

Burwell, J.:

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 .

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

Avery, J., did not sit.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11919: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Luttrell v. Martin17 S.E. 573 (N.C. 1893)
  2. Williams v. Bailey97 S.E. 721 (N.C. 1919) · Dissent

Most recent

  1. Williams v. Bailey97 S.E. 721 (N.C. 1919) · Dissent
  2. Luttrell v. Martin17 S.E. 573 (N.C. 1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Plemmons v. Southern Improvement Co., 13 S.E. 188 (N.C. 1891) 34
Guilford v. Ga. Co., 13 S.E. 861 (N.C. 1891) 27

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