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M & J LEASING CORP. v. HABEGGER

No. 8423SC1361.

334 S.E.2d 804 (1985)

M & J LEASING CORPORATION v. Larry F. HABEGGER.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Moore & Willardson by John S. Willardson, North Wilkesboro, for plaintiff-appellee.

Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown by Herman L. Stephens, Winston-Salem, for defendant-appellant.

PHILLIPS, Judge.

Defendant contends that under the terms of both G.S. 1-76.1 and G.S. 1-76(4) the trial court was required to transfer this case to Davie County, where he resides and the leased articles are situated. We disagree and affirm the judgment appealed from.

Subject to the power of the court to change the place of trial as provided by law, G.S. 1-76.1 provides that:

[A]ctions to recover a deficiency, which remains owing on a debt ...

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