Opinion
Filed 2 March, 1955.
Appeal And Error 2 — An order overruling a demurrer ore tenus is not appealable.
APPEAL by defendants from Nimocks, J., October Term, 1954, of BEAUFORT.
LeRoy Scott and John A. Wilkinson for plaintiff.
Rodman Rodman for defendants.
Civil action to recover damages for the alleged negligent failure of the defendants to require William A. Patrick, an ABC enforcement officer, to give bond as prescribed by G.S. 128-9. The plaintiff herein instituted an action against Patrick, et al., in 1952, which case was disposed of at the Fall Term, 1953, of this Court. See Langley v. Patrick, 238 N.C. 250, 77 S.E.2d 656.
In the instant case the defendants demurred ore tenus to the plaintiff's complaint. The court below overruled the demurrer and the defendants appeal, assigning error.
An order overruling a demurrer ore tenus is not appealable. Morgan v. Oil Co., 236 N.C. 615, 73 S.E.2d 477. Hence, this appeal will be dismissed on authority of the above decision and the cases cited therein.
Appeal dismissed.