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GARDNER v. PRICE

No. 17.

80 S.E.2d 478 (1954)

239 N.C. 651

GARDNER v. PRICE et al.

Supreme Court of North Carolina.

March 17, 1954.

Attorney(s) appearing for the Case

P. H. Bell, Plymouth, Charles V. Bell, Charlotte, for John A. Price and wife, Lillian E. Price, defendants-appellants.

Grimes & Grimes, J. D. Grimes, Mayo & Mayo, A. W. Bailey, James B. McMullan, Washington, for plaintiff-appellee.

JOHNSON, Justice.

This appeal is premature. It is from a nonappealable, interlocutory order. Veazey v. City of Durham, 231 N.C. 357, 57 S.E.2d 377; City of Raleigh v. Edwards, 234 N.C. 528, 67 S.E.2d 669.

In the hearing below it was not contemplated that Judge Morris should hear and determine the entire controversy. The parties...

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