North Carolina § 1-277 - Appeal from superior or district court judge.

§ 1-277. Appeal from superior or district court judge.

An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, which affects a substantial right claimed in any action or proceeding; or which in effect determines the action, and prevents a judgment from which an appeal might be taken; or discontinues the action, or grants or refuses a new trial. Any interested party shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant or such party may preserve his exception for determination upon any subsequent appeal in the cause. History (1818, c. 962, s. 4, P.R.; C.C.P., s. 299; Code, s. 548; Rev., s. 587; C.S., s. 638; 1967, c. 954, s. 3; 1971, c. 268, s. 10.) Cross References. - As to appellate jurisdiction of the Supreme Court and Court of Appeals, see N.C. Const., Art. IV, § 12. As to who may appeal, see G.S. 1-271 . As to appealability of judgment as to one or more but fewer than all claims or parties, see G.S. 1A-1 , Rule 54(b). As to costs on appeal, see G.S. 6-23 et seq. As to the jurisdiction of the Supreme Court and the Court of Appeals, and as to appeals of right and discretionary review, see Article 5 of Chapter 7A , G.S. 7A-25 et seq. As to appeals in criminal cases, see Subchapter XIV of Chapter 15A , G.S. 15A-1401 et seq. For the North Carolina Rules of Appellate Procedure, see the Annotated Rules of North Carolina. Legal Periodicals. - For survey of 1977 law on civil procedure, see 56 N.C.L. Rev. 874 (1978). For survey of 1978 law on civil procedure, see 57 N.C.L. Rev. 891 (1979). For survey of 1979 law on civil procedure, see 58 N.C.L. Rev. 1261 (1980). For survey of 1980 law on civil procedure, see 59 N.C.L. Rev. 1062 (1981). For survey of 1981 law on civil procedure, see 60 N.C.L. Rev. 1214 (1982). For survey of 1982 law on Civil Procedure, see 61 N.C.L. Rev. 991 (1983). For 1984 survey, "Double Jeopardy and Substantial Rights in North Carolina Appeals," see 63 N.C.L. Rev. 1061 (1985). For article, "The Substantial Right Doctrine and Interlocutory Appeals," see 17 Campbell L. Rev. 71 (1995). For article, "Functus Officio: Authority of the Trial Court after Notice of Appeal," see 81 N.C.L. Rev. 2331 (2003).