CIRCLE J. FARM CENTER, INC. v. FULCHER

No. 813DC785.

290 S.E.2d 798 (1982)

CIRCLE J. FARM CENTER, INC. v. Richard E. FULCHER and William E. Fulcher.

Court of Appeals of North Carolina.

May 4, 1982.


Attorney(s) appearing for the Case

Bowers & Sledge by Robert G. Bowers and E. Lamar Sledge, New Bern, for plaintiff-appellant.

Ernest C. Richardson, III, New Bern, for defendant-appellee William Fulcher.


CLARK, Judge.

Plaintiff assigns as error the trial court's granting of the motion to dismiss and argues that the proper procedure would have been to transfer the action to superior court pursuant to G.S. 7A-258.

It is clear that the superior court is the proper division in which this action should have been brought since the amount in controversy exceeds $5,000. G.S. 7A-243. It is fairly common practice for an attorney to institute an action in district court...

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