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WENDELL TRACTOR & IMPLEMENT COMPANY v. LEE

No. 7010DC464.

176 S.E.2d 854 (1970)

WENDELL TRACTOR & IMPLEMENT COMPANY, Inc. v. F. W. LEE.

Court of Appeals of North Carolina.

October 21, 1970.

Attorney(s) appearing for the Case

Johnson & Gamble by Richard O. Gamble, Raleigh, for plaintiff-appellee.

E. V. Wilkins and L. Austin Stevens, Smithfield, for defendant-appellant.

GRAHAM, Judge.

Defendant first assigns as error the court's refusal to allow his motion for a trial by jury. The record indicates that the case was transferred from the Superior Court Division to the District Court Division of the General Court of Justice on 2 December 1968, pursuant to G.S. § 7A-259. There is no showing in the record that defendant did not receive proper notice of the order of transfer. "[A]bsent objection and exception to the order [of transfer...

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