Farmers Bank, Inc. v. Merchants & Farmers Bank, Inc.

GlaeksoN, J. It is not disputed on tbe record tbat W. S. Privott bad rendered bis bill as referee and bad performed tbe full duties required of bim by tbe court as referee and bas never been paid. There were exceptions filed to tbe report of tbe referee and tbe matter remained passive until April Term, 1927. At tbat term tbe cause was continued to bear exceptions to tbe referee’s report and no bearing bas ever been held on tbe exceptions to tbe report of tbe referee. Tbe report of tbe referee bas never been passed upon by tbe court below and tbe case seems now to be on tbe docket for bearing on tbe exceptions to tbe referee’s report. *380 In Coburn v. Comrs., 191 N. C., at p. 74, is the following: “ This cause is retained upon tbe civil docket of Swain County to the end that the court may make such further orders or decrees as may become necessary for the protection of the rights of all parties.’ This consent judgment left a discretionary power in the court to make such orders or decrees for the protection of the rights of all parties In N. C. Practice & Procedure in Civil Cases (McIntosh), part sec. 649, at p. 733, speaking to the subject, we find: “Interlocutory judgments or orders are under the control of the court, and may be corrected or changed at any time before final judgment, to meet the exigencies of the case.” In Hosiery Mill v. Hosiery Mills, 198 N. C., at p. 598, we find: “Ordinarily, no appeal lies to this Court from an interlocutory order made in an action pending therein by the Superior Court. An exception to the order, taken in apt time, will be considered on an appeal from the final judgment in the action, when such exception is duly presented on said appeal. If, however, an interlocutory order affects a substantial right of a party to the action, and is prejudicial to such right, he may appeal therefrom to this Court, and his appeal will be heard, and decided on its merits. Skinner v. Carter, 108 N. C., 106, 12 S. E., 908. If the order does not affect a substantial right of the appellant, his appeal therefrom to this Court will be dismissed. Warren v. Stancill, 117 N. C., 112, 23 S. E., 216; Leak v. Covington, 95 N. C., 194.” We do not think C. S., 441, sec. 8, which is as follows, is applicable: “For fees due to a clerk, sheriff or other officer, by the judgment of the court; within three years from the rendition of the judgment, or the issuing of the last execution thereon.” Nor is C. S., 1226 apjdicable. From the meager record, we conclude that the cause was still pending and the court below had the power to render the judgment, which is Affirmed. Staoy, C. J., and BeogdeN, J., dissenting.