#### ELSIE POOL HORNE v. C. W. HORNE, Administrator of ASHLEY HORNE, Deceased, and C. W. HORNE, Individually.

(Filed 11 October, 1933.)

Appeal by certain petitioners from Frizzelle, J., at April Term, 1933, of JohNSTON.

Dismissed.

This is an action to recover on a note for $5,000, executed by Ashley Horne and Son, and now owned by the plaintiff.

*836From tbe order of tbe clerk of tbe Superior Court of Jobnston Cofinty, denying tbe petition tbat tbe petitioners be made parties defendant in tbe action, and have leave to file an answer to tbe complaint, tbe petitioners appealed to tbe judge who affirmed tbe order of tbe clerk. Tbe petitioners appealed to tbe Supreme Court.

Winfield E. Lyon and E. J. Wdlons for plaintiff.

Parker & Lee and Ruarle & Ruarle for Q. A. Gosney, trustee.

Parker & Lee for Farmers Bank of Clayton, and Weisner Farmer, receiver.

Per Curiam.

The petitioners are not necessary parties to the action. The order denying their petition is not reviewable by this Court. For that reason, the appeal is

Dismissed.