#### D. C. MAXWELL v. H. M. CALDWELL, Adm’r and others.

When a Judge belo ® refuses to give a judgment prayed for, (except in the case of Ms refusal to grant an Injunction,) no appeal lies to this Court,

Civil Actioe, to recover the amount of certain notes, and that certain land shall be charged with the payment of the same, heard before Sahenok, J., at the Fall Term, 1874, of Cabarrus Superior Court.

No statement of facts is necessary in this case.

From the refusal of his Honor to give judgment on the pleadings, the plaintiff appealed.

Barringer, for appellant.

Montgomery and Walker, contra.

RodMAN, J.

No appeal will lie from a mere refusal of the Judge to give a judgment prayed for, (except in the case of his refusal to grant an injunction.)

The Judge here gives no judgment. Let this opinion be certified.

Pee Cuijiam. Case remanded to be proceeded in according to law.