{
  "id": 8658225,
  "name": "W. D. TEAL and J. F. THOMAS v. J. S. LILES, Receiver of the POLKTON LUMBER COMPANY",
  "name_abbreviation": "Teal v. Liles",
  "decision_date": "1922-04-26",
  "docket_number": "",
  "first_page": "678",
  "last_page": "679",
  "citations": [
    {
      "type": "official",
      "cite": "183 N.C. 678"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "182 N. C., 727",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8658092
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/182/0727-01"
      ]
    },
    {
      "cite": "182 N. C., 439",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T16:03:22.299745+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. D. TEAL and J. F. THOMAS v. J. S. LILES, Receiver of the POLKTON LUMBER COMPANY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe court having sustained a demurrer to the counterclaim, the defendant appealed, and asks this Court to reverse the judgment sustaining the demurrer on the counterclaim, and that a jury trial may then be had on the counterclaim. There was no verdict or judgment upon the plaintiffs\u2019 cause of action, and no judgment as to the costs. This Court has uniformly adhered to its ruling that it will not entertain a fragmentary appeal.\nThe whole subject was recently fully discussed with the fullest citation of authorities, and upon the reason of the thing, at last term, in Cement Co. v. Phillips, 182 N. C., 439, citing very numerous authorities.\nThat decision was cited with approval at last term by Adams, J., in Farr v. Lumber Co., 182 N. C., 727; and also in Leroy v. Saliba, ibid., 757.\nThe rules of practice are well settled, and well known to the profession, and are based upon the soundest reasons in the dispatch of the public business by the courts, and a slight attention to them would avoid such inadvertences as in this instance.\nAppeal dismissed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "A. A. Tarlton and Robinson, Caudle & Pruett for plaintiffs..",
      "B. V. Henry and McLendon & Covington for defendant."
    ],
    "corrections": "",
    "head_matter": "W. D. TEAL and J. F. THOMAS v. J. S. LILES, Receiver of the POLKTON LUMBER COMPANY.\n(Filed 26 April, 1922.)\nAppeal and Error \u2014 Counterclaim\u2014Demurrer\u2014Fragmentary Appeals\u2014 Dismissal.\nWhere there is neither verdict nor judgment upon the plaintiffs\u2019 alleged cause of action, defendant\u2019s appeal from an order sustaining the plaintiffs\u2019 demurrer to a counterclaim set up in the answer, is fragmentary, and will be dismissed.\nAppeal by defendant from Lane, J., at November Term, 1921, of ANSON.\nThis is an action to recover for 43,187 feet of lumber at $22 per 1,000 feet, delivered by plaintiffs to defendant, and accepted by them. To the complaint the defendants set up a counterclaim for breach of contract in failing to manufacture lumber of certain timber, and asking judgment for $13,938.66 damages.\nThe court sustained the demurrer of plaintiffs to the counterclaim, and the defendant appealed.\nA. A. Tarlton and Robinson, Caudle & Pruett for plaintiffs..\nB. V. Henry and McLendon & Covington for defendant."
  },
  "file_name": "0678-01",
  "first_page_order": 738,
  "last_page_order": 739
}