DOXOL GAS OF ANGIER, INC. v. HOWARD

No. 7511SC520.

220 S.E.2d 203 (1975)

28 N.C. App. 132

DOXOL GAS OF ANGIER, INC. v. Graham HOWARD, Sr.

Court of Appeals of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

James F. Penny, Jr., Lillington, for plaintiff appellee.

Edgar R. Bain and L. Holt Felmet, Jr., Lillington, for defendant appellant.


MORRIS, Judge.

Though the question is not raised by either party, we must first determine whether this matter is presently appealable. In support of our determination that this case is properly before this Court, we note the decision of our Supreme Court in Jones v. Thorne, 80 N.C. 72, 75 (1879), wherein the then Chief Justice Smith wrote that "[t]he granting or refusing an order . . . for the appointment of a receiver is not a mere matter of discretion in...

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