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CHAS. H. JENKINS & COMPANY v. LEWIS

No. 179.

130 S.E.2d 49 (1963)

259 N.C. 85

CHAS. H. JENKINS & COMPANY, Inc. v. Thomas H. LEWIS.

Supreme Court of North Carolina.

March 20, 1963.

Attorney(s) appearing for the Case

Robert L. Harrell, Ahoskie, James R. Walker, Jr., Weldon, and Samuel S. Mitchell, Raleigh, for defendant-appellant.

Pritchett & Cooke, Windsor, for plaintiff-appellee.

BOBBITT, Justice.

The order overruling defendant's demurrer for failure to state a cause of action was subject to immediate review only by writ of certiorari. The purported appeal therefrom is premature. Rule 4(a), Rules of Practice in the Supreme Court, 254 N.C. 783, 785; Guinn v. Kincaid, 253 N.C. 228, 116 S.E.2d 380. However, the question presented by defendant's demurrer is also presented...

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