Western Carolina Power Co. v. Klutz
This text of 145 S.E. 681 (Western Carolina Power Co. v. Klutz) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
145 S.E. 681, 196 N.C. 358, 1928 N.C. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-carolina-power-co-v-klutz-nc-1928.