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DAVIS v. SMITH

No. 7426SC602.

209 S.E.2d 852 (1974)

23 N.C. App. 657

James W. DAVIS v. Jack D. SMITH.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Caudle, Underwood & Kinsey by C. Ralph Kinsey, Jr., Charlotte, for plaintiff-appellee.

Hatfield & Allman by R. Bradford Leggett, Winston-Salem, for defendant-appellant.

BROCK, Chief Judge.

Defendant relies upon G.S. § 1-76(4) for removal of this action to Forsyth County. G.S. § 1-76(4) provides that

"Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law: . . . (4) Recovery of personal property when the recovery of the property itself is the sole...

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