White v. Harris
| Decision Date | 06 May 1914 |
| Docket Number | (No. 483.) |
| Citation | 81 S.E. 687,165 N.C. 227 |
| Parties | WHITE. v. HARRIS. |
| Court | North Carolina Supreme Court |
Appeal and Error (§ 70*)—Judgments Appealable—Judgment of Nonsuit.
An appeal does not lie from a judgment of nonsuit submitted to by plaintiff on an adverse ruling on the admissibility of evidence, not determinative of the action.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 367-378, 386, 411; Dec. Dig. § 70.*]
Appeal from Superior Court, Mecklenburg County; Harding, Judge.
Action by S. W. White against Mary Harris. From a judgment of nonsuit, plaintiff appeals. Dismissed.
This is an action to have a trust declared, and to recover a lot of land. Upon an adverse ruling as to the admissibility of certain evidence not necessarily determinative of the action, the plaintiff submitted to judgment of nonsuit, and appealed.
T. W. Alexander, of Charlotte, for appellant.
The appeal must be dismissed upon the authority of Teeter v. Manufacturing Co., 151 N. C. 602, 66 S. E. 582, and the cases there cited. If parties were allowed to appeal whenever dissatisfied with a ruling upon evidence, the trial of the cause upon its merits could be indefinitely postponed.
Appeal dismissed.
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