#### STATE OF NORTH CAROLINA, Ex Rel. H. EDMUND RODGERS, Admr. c. t. a. of Estate of R. L. FOX, v. O. E. TODD and B. F. BRITTAIN, JR., Executors of Estate of R. L. FOX, Deceased, and INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.

(Filed 12 December, 1945.)

1. Appeal and Error § 30b—

An appeal which is both premature and fragmentary will be dismissed.

2.- Same—

No appeal lies from the denial of motion for judgment on the pleadings.

Appeal by defendants from Williams, J., at October Term, 1945, of New HaNovee. Appeal dismissed.

Poisson & Campbell for plaintiff.

Stevens & Burgwyn for defendants.

*690Per Curiam.

This was an action by tbe administrator c. t. a. of tbe estate of R. L. Eox against former executors of tbe estate and tbe surety on tbeir bond to recover for losses alleged to bave been sustained by tbe estate due to failure to account for certain funds collected and for negligent failure to collect others. Tbe defendants, among other defenses, pleaded several statutes of limitation, and moved tbe court for judgment declaring plaintiff’s action barred, and for judgment on tbe pleadings.

Tbe court below held that neither of tbe statutes of limitation pleaded constituted a bar, and denied tbe motion. Defendants excepted and appealed.

It is apparent that defendants’ appeal is both premature and fragmentary. No final judgment has been rendered, and no substantial rights of the. defendants bave been affected by tbe ruling which cannot be protected by an exception and appeal from tbe final judgment, if adverse. Only part of tbe case has been brought up, leaving other parts unsettled. Johnson v. Ins. Co., 215 N. C., 120, 1 S. E. (2d), 381; Cole v. Trust Co., 221 N. C., 249, 20 S. E. (2d), 348; Utilities Com. v. R. R., 223 N. C., 840, 28 S. E. (2d), 490; McIntosh Prac. & Proc., 776. No appeal lies from tbe denial of motion for judgment on tbe pleadings.

Appeal dismissed.