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

Appeal and Error § 2 —

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

PER CURIAM.

This is an appeal from an order denying a motion to dismiss the 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.

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WADESBORO v. COXE
(Nov 1, 1939)