Yates v. Dixie Fire Ins. Co

• Citation: 97 S.E. 209
• Decision Date: 13 November 1918
• Docket Number: (No. 387.)
• Court: United States State Supreme Court of North Carolina
• Parties: YATES et al. v. DIXIE FIRE INS. CO.

97 S.E. 209

YATES et al.
v.
DIXIE FIRE INS. CO.

(No. 387.)

Supreme Court of North Carolina.

Nov. 13, 1918.

[97 S.E. 209]

Appeal from Superior Court, Guilford County; Adams, Judge.

Action by James F. Yates and others against Dixie Fire Insurance Company. Judgment for plaintiffs, and defendant appeals. Action dismissed.

Brooks, Sapp & Kelly, of Greensboro, for appellant.

R. C. Strudwick and W. P. Bynum, both of Greensboro, Frank Nash, of Hillsboro, and J. S. Manning, of Raleigh, for appellees.

BROWN, J. This case was before us at last term, and is reported in 173 N. C. 473, 92 S. E. 356. The appeal was dismissed, because premature, but an opinion was rendered, as is sometimes done, to facilitate a disposition of a case.

That opinion is authoritative, and disposes of this case, and holds that plaintiffs cannot recover.

We suggest to the judges of the superior court that fragmentary and premature appeals be not permitted. It is best that all the issues be determined, and a final judgment rendered, before a case...