Rogers v. Brantley, 471
| Citation | 94 S.E.2d 896, 244 N.C. 744 |
| Case Date | November 07, 1956 |
| Court | United States State Supreme Court of North Carolina |
Page 896
v.
C. Lecton BRANTLEY, Southern Bond and Mortgage Company,
Inc., Jessie C. Brantley, G. B. Brantley and wife,
Katherine T. Brantley, Defendants.
[244 N.C. 745] Taylor & Mitchell, Raleigh, for appellants.
J. L. Emanuel, Robert B. Broughton, Raleigh, for appellees.
PER CURIAM.
It being made to appear to this Court in connection with motion suggesting diminution of record that this special proceeding is still pending in the Superior Court, and that no final judgment has been entered, this Court holds ex mero motu that the appeals are fragmentary and premature, and, therefore, must be dismissed,--and it is so ordered, preserving, nevertheless, exceptions of the respective parties to the said orders, staying execution of the orders, and holding in statu quo sufficient funds in the hands of the Clerk of Superior Court
Page 897
for compliance with said orders, if eventually approved, all pending final determination of the proceeding.Appeal dismissed.
JOHNSON, J., not sitting.
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Waters v. Qualified Personnel, Inc., s. 40
...of appealability has not been raised by the parties themselves. Dickey v. Herbin, 250 N.C. 321, 108 S.E.2d 632 (1959); Rogers v. Brantley, 244 N.C. 744, 94 S.E.2d 896 (1956); Morse v. Curtis, 6 N.C.App. 620, 170 S.E.2d 491 (1969). Concluding that Judge Long's order is not appealable, we hol......
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Farley v. Farley, COA12–377.
...301 N.C. at 208, 270 S.E.2d at 433 (citing Dickey v. Herbin, 250 N.C. 321, 325, 108 S.E.2d 632, 635 (1959), and Rogers v. Brantley, 244 N.C. 744, 745, 94 S.E.2d 896, 896 (1956)). A careful review of the present record compels the conclusion that Plaintiff's appeal is not properly before thi......
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Wilkins v. Farah, COA10-28
...Gooding, 301 N.C. 205, 208, 270 S.E.2d 431, 433 (1980) (citing Dicky v. Herbin, 250 N.C. 321, 108 S.E.2d 632 (1959); Rogers v. Brantley, 244 N.C. 744, 94 S.E.2d 896 (1956)). Our Supreme Court has explained that[a] final judgment is one which disposes of the cause as to all the parties, leav......
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Rioux v. Accurate Home Inspection Inc., COA10-143 9
...Gooding, 301 N.C. 205, 208, 270 S.E.2d 431, 433 (1980) (citing Dickey v. Herbin, 250 N.C. 321, 108 S.E.2d 632 (1959); Rogers v. Brantley, 244 N.C. 744, 94 S.E.2d 896 (1956)). Our Supreme Court has stated:A final judgment is one which disposes of the cause as to all the parties, leaving noth......