Everett v. TOWN OF ROBERSONVILLE

Appellant contends that Judge May having denied plaintiffs’ motion to remove which was entered prior to the trial, Judge Martin was without authority thereafter to enter the order appealed from. We do not agree.

Appellant cites the well established rule that ordinarily one superior court judge may not overrule or reverse the judgment of another superior court judge previously made in the same action. Neighbors v. Neighbors, 236 N.C. 531, 73 S.E. 2d 153. This rule, however, is not applicable to the situation presented by the present appeal.

A motion for change of venue or, in the alternative,…