It will be observed that the effectiveness of the order entered herein is dependent “upon the procurement of final judgment of modification in the case of McGuinn v. High Point, et al., ... or upon its being finally adjudged . . . that the City of High Point by reason of changed facts and circumstances is proceeding legally in the construction, operation and maintenance of said hydroelectric project.” Neither of these conditions has been met, and may not be, as will appear by reference to the ease of McGuinn v. High Point, ante, 56. Hence, the order entered in this subsequent proceeding has not yet become operative, and may not become operative. No appeal lies from a judgment until somebody is hurt or “aggrieved” by it. C. S., 632. None of the parties here is challenging the present judgment on the ground of its conditionality. The plaintiff and defendant are content with its form, and the intervening plaintiffs are the beneficiaries of the condition. It was inserted at their instance. In the absence of an exception to the form of the judgment, which stays its effectiveness, the appeals will be dismissed as premature.
It will be noted that the proceeding is one in equity, supplemental and summary in character, and not one in an action at law.
Appeals dismissed.