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KLASS v. HAYES

No. 7522SC988.

225 S.E.2d 612 (1976)

29 N.C. App. 658

Jack E. KLASS, Administrator, c. t. a. of the Estate of James L. Moore, Deceased, v. Robert G. HAYES and Kannapolis Publishing Company.

Court of Appeals of North Carolina.

June 16, 1976.

Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt by Gaither S. Walser, Lexington, and Jordan, Wright, Nichols, Caffrey & Hill by Welch Jordan and G. Marlin Evans, Greensboro, for plaintiff-appellee.

E. T. Bost, Jr., and Williams, Willeford, Boger & Grady by John Hugh Williams, Concord, for defendants-appellants.

PARKER, Judge.

Defendants, contending that G.S. 1-76 applies, made their motion as a matter of right. Appeal from a ruling on a motion for a change of venue as a matter of right is not premature. Coats v. Hospital, 264 N.C. 332, 141 S.E.2d 490 (1965); Cedar Works v. Lumber Co., 161 N.C. 603, 77 S.E. 770 (1913).

Insofar as pertinent to this appeal, G.S. 1-76 provides:

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