[Download] "North Carolina v. Freeman" by Supreme Court of North Carolina * Book PDF Kindle ePub Free

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eBook details

• Title: North Carolina v. Freeman
• Author : Supreme Court of North Carolina
• Release Date : January 11, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Appellants ask this Court to issue a writ of certiorari to review the trial courts denial of defendants motion to dismiss for insufficient process. We decline. This Court in Fraser v. Di Santi stated that "[a]n appeal does not lie from an interlocutory order unless the order affects some substantial right claimed by the appellant and will work an injury to him if not corrected before an appeal from the final judgment." 75 N.C. App. 654, 655, 331 S.E.2d 217, 218, cert. denied, 315 N.C. 183, 337 S.E.2d 856 (1985). Defendant fails to indicate what substantial right is affected by the order. Avoidance of trial is not a substantial right entitling a party to appeal. Blackwelder v. State Dept. of Human Resources, 60 N.C. App. 331, 299 S.E.2d 777 (1983). The defendant bases his claim of insufficiency of process on the absence of the countys name from the face of the summons. The defendant does have a substantial right to know where he is being summoned to appear. However, in the present case any prejudice which may have resulted from this defect was alleviated by the extension defendant received for filing his answer. In this instance the addresses of both plaintiff and plaintiffs attorney are located in the county where the summons was issued. Neither does the court see how hearing an appeal of the trial judges order will facilitate a final resolution of the issues.

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