TOWN OF WADESBORO v. FRED J. COXE and Wife, ELIZABETH D. COXE, and JAMES A. HARDISON and Wife, LILLIAN H. HARDISON.

(Filed 29 November, 1939.)

Appeal and Error § 2—

No appeal lies from tbe refusal of a motion to dismiss.

Appeal by defendants from Sink, J., at September Term, 1939, of ANSON.

Robinson, Pruette & Caudle for plaintiff, appellee.

B, M. Covington for defendants, appellants.

Pee Cueiam.

This is an appeal from an order denying a motion to dismiss tbe action. The appeal must be dismissed, since no appeal lies from a refusal to dismiss an action. Johnson v. Ins. Co., 215 N. C., 120, and cases there cited.

Appeal dismissed.