PARDUE v. CHARLOTTE MOTOR SPEEDWAY, INC.

No. 6823SC287.

163 S.E.2d 82 (1968)

2 N.C. App. 403

Mrs. Betty S. PARDUE, Administratrix of the Estate of James M. Pardue, Deceased v. CHARLOTTE MOTOR SPEEDWAY, INC.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, and McElwee & Hall, N. Wilkesboro, by Edward L. Murrelle, Greensboro, for plaintiff appellee.

John H. Small, Sanders, Walker & London, Charlotte, and Moore & Rousseau, N. Wilkesboro, for defendant appellant.


BRITT, Judge.

Defendant's appeal to this Court is premature and, ex mero motu, is dismissed on authority of Morris & Co. v. Cleve, 194 N.C. 202, 139 S.E. 230, where on almost identical procedural facts the Supreme Court held: "The appeal must be dismissed as premature, since the proper procedure was to note an exception and appeal from the final judgment, if adverse to the defendants. [Citations]."

Defendant's demurrer ore tenus filed in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases