#### A. G. WALKER v. WILL REEVES et als.

(Filed 18 February, 1914.)

Drainage Districts — Appeal and Error — Fragmentary Appeal — Exceptions to Reports — Clerk’s Jurisdiction.

Where on appeal to the Superior Court a cause in drainage proceedings has been remanded to the clerk to resume jurisdiction and determine the question of hearing exceptions to the preliminary and final reports, and fix a time therefor, should he determine to hear them, the parties should except and appeal to the Supreme Court, should they so desire, or the order will be final; and an appeal from the order of the clerk made accordingly, fixing a time for the hearing of the exceptions, is fragmentary and will be dismissed. It is further held that the clerk had the jurisdiction to hear the exceptions and grant the parties time within which to file them.

Appeal byplaintiff from Oonnor, J., at July Term, 1913, of. WASHINGTON.

*36“Tbis cause coming on to be beard on appeal by tbe drainage commissioners from tbe order of tbe clerk of tbe Superior Court allowing tbe parties, represented by W. Ml Bond, Jr., and W. M. Bond, Sr., to file objections and exceptions to tbe final report and preliminary reports in tbis cause, and said appeal being beard: It is considered and adjudged by tbe court that tbe clerk in allowing objections, exceptions, and answers to tbe preliminary and final reports was acting under authority of a' prior judgment in tbis cause rendered by Judge H. W. Whed-bee on 23 April, 1913, and tbis court bas no power to reverse tbe findings of said clerk acting under authority of said judgment. It is ordered that said proceeding be remanded to said clerk, that be may proceed as directed by tbe order made herein by bis Honor, H. W. Whedbee. 11 July, 1913.”

Defendants appealed.

E. F. Aydleit, Van B. Martin for plaintiff.

W. M. Bond, Jr., for defendant.

BbowN, J.

Tbe order of Judge Whedbee, referred to in tbe order of Judge Connor, is as follows:

> “Tbis cause coming on to be beard on appeal from order signed by O. Y. W. Ausbon, clerk Superior Court, dated 20 February, 1913, it is considered and adjudged by tbe court that said clerk of court pass upon tbe affidavits filed in said cause, and that be bas jurisdiction to either allow said petitioners, represented by W. M. Bond, Sr., and W. M. Bond, Jr., to file objections and exceptions to preliminary report and final reports in .said action, and other orders therein, or to refuse to allow them'to file exceptions. In tbe event be shall order that objections and exceptions be filed, be shall fix a date and pass on said objections and exceptions which are-then filed. It is ordered that said clerk bear said matter on 13 May, 1913, at 4 o’clock, at bis office in Plymouth, N. 0.; and tbis appeal is remanded to him to bear and pass upon said matter. Tbis 23 April, 1913.”

No appeal was taken from tbis order. When tbe cause came again before tbe. clerk, be made an order “that said parties be *37allowed thirty days from 1 July, 1913,'within which to file said exceptions and _ answers, and that the defendants have thirty days thereafter to file answers thereto/ if they be so advised.”

We are of opinion that this appeal is premature, and must be dismissed.

It is plain that under the order of Judge "Whedbee, which was' not appealed from or even excepted to, and was therefore final, the clerk had the power to entertain and pass upon exceptions and to grant the .parties time within which to'file them.

It was the appellants’ duty, if dissatisfied, to except to the order of Judge Connor, and wait until after the exceptions were finally passed upon before .appealing to this Court.

It is possible the exceptions may be decided in defendants’ favor, and-then they would hot care to appeal.

Fragmentary appeals are not encouraged.

Appeal dismissed.