WILKS, INC. v. DILLINGHAM

No. 105.

94 S.E.2d 495 (1956)

244 N.C. 522

C. R. WILKS, Inc., a Florida corporation, and C. C. Bellamy, Trustee, v. Scott DILLINGHAM, Scott Dillingham, Trustee for Apartment Motels Corp., Builders Savings Loan Co., a N. C. Corporation, W. E. Allen and wife, Harriett E. Alien, and Blanche Ciroline and Norman H. Blitch and wife, Claudia Blitch, and Wm. B. Kinsey.

Supreme Court of North Carolina.

September 26, 1956.


Attorney(s) appearing for the Case

Styles & Styles, Asheville, for defendants appellants.

Carl W. Greene, Guy Weaver, Asheville, for plaintiffs appellees.


PER CURIAM.

Rule 4(a) of the Rules of Supreme Court, 242 N.C. 766, provides that "From and after the first day of the Spring Term of 1956, this Court will not entertain an appeal: (1) From an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action * * *."

The attempted appeal in the instant case fails to come within the exception. Hence on authority of this Rule 4(a) the appeal...

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