Supreme Court of North Carolina, 1928

Western Carolina Power Co. v. Klutz

Western Carolina Power Co. v. Klutz
Supreme Court of North Carolina · Decided December 12, 1928 · Stacy
145 S.E. 681; 196 N.C. 358; 1928 N.C. LEXIS 375 (South Eastern Reporter)

Western Carolina Power Co. v. Klutz

Opinion of the Court

*359 Stacy, 0. J.

Even if it be conceded that the present proceeding cannot properly be consolidated for trial with the three other condemnation proceedings pending in the Superior Court of Catawba County as petitioner alleges — which question is not presented and therefore not decided — still the motion to remove, on the grounds stated, “for the convenience of witnesses and to promote the ends of justice,” 0. S., 470, rests in the sound discretion of the trial court, and is not reviewable on appeal. Perry v. Perry, 172 N. C., 62, 89 S. E., 999; Byrd v. Spruce Co., 170 N. C., 429, 87 S. E., 241; Garrett v. Bear, 144 N. C., 23, 56 S. E., 479.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.