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GILL v. SMITH

No. 665.

62 S.E.2d 546 (1950)

233 N.C. 86

GILL, Com'r of Revenue v. SMITH et al.

Supreme Court of North Carolina.

December 13, 1950.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., J. E. Tucker and Peyton B. Abbott, Asst. Attys. Gen., T. C. Hoyle, Jr. and George C. Hampton, Jr., Greensboro, for plaintiff appellee.

Hughes & Hines and Welch Jordan, all of Greensboro, for defendant appellants.

PER CURIAM.

The order allowing time to amend had the effect of retaining the cause on the docket. So then, the tap root of defendants' exception is the refusal to dismiss the action. But no appeal lies from a refusal to dismiss. Johnson v. Pilot Life Insurance Co., 215 N.C. 120, 1 S.E.2d 381. The order entered was interlocutory and discretionary. G.S. §§ 1-131, 162. That there was no motion to be allowed to amend, if such be required, is not made to appear...

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