EVERETT v. TOWN OF ROBERSONVILLE

No. 702SC102.

174 S.E.2d 116 (1970)

8 N.C. App. 219

R. Frank EVERETT, H. T. Highsmith and H. H. Worsley, Co-Partners, trading and doing business as Planters Warehouse No. One and No. Two v. TOWN OF ROBERSONVILLE and Seaboard Coast Line Railroad Company.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1970.


Attorney(s) appearing for the Case

John A. Wilkinson, Wilkinson & Vosburgh, Washington, and Jordan, Wright, Nichols, Caffrey & Hill, by Welch Jordan and Mickey A. Herrin, Greensboro, for plaintiffs-appellees.

Paul D. Roberson, Robersonville, Clarence W. Griffin, Williamston, and Connor, Lee, Connor & Reece, by Cyrus F. Lee and J. M. Reece, Wilson, for defendant-appellant, Town of Robersonville.

Rodman & Rodman, by Edward N. Rodman, Washington, for defendant-appellant, Seaboard Coast Line Railroad Co.


PARKER, Judge.

Appellant contends that Judge May having denied plaintiffs' motion to remove which was entered prior to the trial, Judge Martin was without authority thereafter to enter the order appealed from. We do not agree.

Appellant cites the well established rule that ordinarily one superior court judge may not overrule or reverse the judgment of another superior court judge previously made in the same action. Neighbors v. Neighbors, 236...

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