NYTCO LEASING, INC. v. SOUTHEASTERN MOTELS

No. 783SC331.

252 S.E.2d 826 (1979)

40 N.C. App. 120

NYTCO LEASING, INC. v. SOUTHEASTERN MOTELS, INC., J. Wayne Williams, Bill Cleve and Daphne D. Cleve.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by E. D. Gaskins, Jr., Charles C. Meeker and Barbara Mills Larkin, Raleigh, for plaintiff-appellee.

James, Hite, Cavendish & Blount by E. Cordell Avery and Marvin Blount, Jr., Greenville, for defendants-appellants.


CARLTON, Judge.

Defendant first assigns as error the admission of depositions of the defendants Cleve when both were in court and available to be called as witnesses. Timely objections and motions to strike were overruled and denied. We agree with the trial court's rulings.

The question presented here is whether G.S. 1A-1, Rule 32 takes precedence over G.S. 8-83. We hold that it does.

Rule 32 provides that at trial any part or all of a deposition,...

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