DeBruhl v. State Highway and Public Works Commission, 90
| Citation | 86 S.E.2d 200,241 N.C. 616 |
| Decision Date | 09 March 1955 |
| Docket Number | No. 90,90 |
| Court | North Carolina Supreme Court |
| Parties | Arthur M. DE BRUHL and wife, Janie DeBruhl, v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION. |
Harry C. Martin, Sanford W. Brown, Richard L. Griffin, Asheville, for petitioners appellants.
R. Brookes Peters, Gen. Counsel, Raleigh, McLean, Elmore & Martin, Associate Counsel, Asheville, for respondent appellee.
It appearing upon the face of the record that the order from which appeal is taken is interlocutory, from which appeal does not lie, the appeal will be dismissed, but without prejudice (1) to petitioners' exception to the order, or (2) to their rights in accordance with law and procedure in such cases.
Appeal dismissed.
BARNHILL, C. J., and DEVIN, J., took no part in the consideration or decision of this case.
To continue reading
Request your trial
6 cases
-
De Bruhl v. State Highway and Public Works Commission, 98
...petitioners' exception to the order, or (2) to their rights in accordance with law and procedure in such cases. DeBruhl v. State Highway Commission, 241 N.C. 616, 86 S.E.2d 200. The proceeding came on to be heard at the March Term 1956 of Buncomber County Superior Court before Judge P. C. F......
-
Lazenby v. Godwin
...order is interlocutory and is not appealable. Green v. Insurance Co., 250 N.C. 730, 110 S.E.2d 321 (1959); DeBruhl v. Highway Com., 241 N.C. 616, 86 S.E.2d 202 (1955). While Green involved interpreting former N.C.G.S. 1-169.1, repealed 1 January 1970, the language pertinent to that appeal i......
-
State Highway Commission v. Raleigh Farmers Market, Inc., 551
...which does nothing more than settle the issues is interlocutory. An appeal from such an order is premature. DeBruhl v. State Highway & Public Works Comm., 241 N.C. 616, 86 S.E.2d 200. The sentence containing the quoted language was inserted merely to show that the appeal should be considere......
-
Fitzgerald, In re
...The order is interlocutory and no substantial right of the appellant has been affected. G.S. § 1-271. DeBruhl v. State Highway & Public Works Comm., 241 N.C. 616, 86 S.E.2d 200. Appeal WINBORNE and HIGGINS, JJ., took no part in the consideration or decision of this case. The foregoing opini......
Request a trial to view additional results