#### S. W. WHITE et al. v. MARY HARRIS.

(Filed 6 May, 1914.)

Appeal and Error — Nonsuit—Trials—Evidence—Fragmentary Appeal.

An appeal from a judgment of nonsuit taken upon the ruling of the trial court upon admissibility of evidence not determinative of the controversy will not be considered. Tester v. Mfg. Go., 151 N. C., 602, cited as controlling.

Appeal by plaintiff from Harding, J., at November Term, 1913, of 1ÍECKLENBÚRG.

*228Tbis is an action to bare a trust declared, and to recover a lot of land.

Upon an adverse ruling as to tbe admissibility of certain evidence, not necessarily determinative of tbe action, tbe plaintiff submitted to judgment of nonsúit and appealed.

T. W. Alexander for plaintiff.

No counsel for defendant.

Pee Curiam.

Tbe appeal must be dismissed upon tbe authority of Teeter v. Mfg. Co., 151 N. C., 602, and tbe cases there cited.

If parties were allowed to appeal whenever dissatisfied with a ruling upon evidence, tbe trial of tbe cause upon its merits could be indefinitely postponed.

Appeal dismissed.