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MOODY v. WARREN-ROBBINS, INC.

No. 394.

110 S.E.2d 866 (1959)

251 N.C. 172

Warren E. MOODY t/d/b/a Elverson Motors, v. WARREN-ROBBINS, INC. and B & L Motors, Inc.

Supreme Court of North Carolina.

November 4, 1959.

Attorney(s) appearing for the Case

E. James Moore and Cecil Lee Porter, North Wilkesboro, for plaintiff-appellee.

Ralph Davis, North Wilkesboro, for appellant Warren-Robbins, Inc.

McElwee & Ferree, North Wilkesboro, for appellant B & L Motors, Inc.

PER CURIAM.

The cause was properly instituted in Wilkes County. G.S. § 1-76. This did not, however, prevent plaintiff from seeking a removal for the convenience of witnesses. Pushman v. Dameron, 208 N.C. 336, 180 S.E. 578. Whether the motion to remove should be granted was a matter in the discretion of the court.

The record presented to us does not show defendants, as here argued, were denied an opportunity...

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