#### BESSIE W. KELLOGG v. THE GAY MANUFACTURING COMPANY.

Practice — Premature Appeal.

An appeal from a motion to dismiss an action is premature and will not be entertained.

MotioN to dismiss an action for want of service of summons, beard before Brown, J., at Fall Term, 1891, of Gates Superior Court.

Motion refused, and defendant appealed.

Messrs. Pruden & Vann, for plaintiff.

Mr. L. L. Smith, for defendant (appellant).

Per Curiam :

This is an appeal from the refusal of a motion to dismiss an action. The appeal is premature, and cannot be entertained. Mullen v. Canal Company, at this Term. Appeal Dismissed.