Grimes v. . Fulton

147 S.E. 680, 197 N.C. 84, 1929 N.C. LEXIS 154

• Court: Supreme Court of North Carolina
• Decided: April 17, 1929
• Status: Published

Opinion

Stacy, C. J.

It is not conceded that the judge of “tbe municipal court of the city of High Point” bas the power to remove a cause from said municipal court to the Superior Court of a county other than Guilford for trial, but even if it were (wbicb 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,” C. S., 470, rests in the sound discretion of the trial court, and is not reviewable on appeal in the absence of abuse of such discretion. Power Co. v. Klutz, 196 N. C., 358, and cases cited.

Affirmed.