
    J. A. SHELTON v. M. S. HODGES et al.
    (Filed 15 May, 1929.)
    Appeal and Error J a — Appeal from denial of judgment on pleadings will toe dismissed.
    An appeal to the Supreme Court will lie only from final judgment, and an appeal from the denial of a motion for judgment on the pleadings will be dismissed.
    Appeal by plaintiff from Schench, J., at November Term, 1928, of HENDERSON.
    Civil action arising ex contractu for certain construction work and to-recover on an award.
    Defendant filed answer, alleged noncompliance bn the part of plaintiff, and asked for judgment by way of counterclaim.
    Plaintiff moved for judgment on the pleadings. Overruled; exception and appeal. This is the only assignment of error appearing on the record.
    
      L. B. Prince for. plaintiff.
    
    
      Blythe & Sheppard for defendant.
    
   Per Curiam.

The appeal must be dismissed on authority of Gilliam v. Jones, 191 N. C., 621, 132 S. E. 566.

The denial of a motion for judgment on the pleadings is not appeal-able, as there is no final judgment.

Appeal dismissed.  