Yates v. Dixie Fire Ins. Co.

• Decision Date: 13 November 1918
• Docket Number: 387.
• Citation: 97 S.E. 209,176 N.C. 401
• Parties: YATES ET AL. v. DIXIE FIRE INS. CO.
• Court: North Carolina Supreme Court

97 S.E. 209

176 N.C. 401

YATES ET AL. v. DIXIE FIRE INS. CO.

No. 387.

Supreme Court of North Carolina

November 13, 1918

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.

Where Supreme Court, on premature appeal, rendered opinion on the merits, though dismissing the appeal, its opinion is authoritative on subsequent appeal.

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 is brought to this court.

Action dismissed.