Western Carolina Power Co. v. Klutz

145 S.E. 681, 196 N.C. 358, 1928 N.C. LEXIS 375

Opinion

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.