BARRIER v. RANDOLPH

No. 243.

133 S.E.2d 655 (1963)

260 N.C. 741

William Ray BARRIER, Helen C. Barrier, R. Maret Wheeler, and Elizabeth H. Wheeler, v. E. O. RANDOLPH, Mary I. Randolph and Alice E. Randolph.

Supreme Court of North Carolina.

December 19, 1963.


Attorney(s) appearing for the Case

John D. Shaw, Charlotte, for plaintiff appellants.

McDougle, Ervin, Horack & Snepp, and J. W. Kiser, Charlotte, for defendant appellees.


BOBBITT, Justice.

There has been no adjudication of the rights of the parties. The court did not enter final judgment but simply denied plaintiffs' motion for judgment on the pleadings. It is well established that an appeal does not lie from a denial of a motion for judgment on the pleadings. The proper practice was for plaintiffs to except to the court's denial of their said motion and bring forward this exception in the event of their appeal from an adverse final...

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