Legal Opinion

WENDELL TRACTOR & IMPLEMENT COMPANY v. Lee

Court of Appeals of North Carolina

Decided October 21, 1970No. 7010DC464PublishedCited by 2 opinions

1Opinion of the Court

GRAHAM, Judge.

Defendant first assigns as error the court’s refusal to allow his motion for a trial by jury. The record indicates that the case was transferred from the Superior Court Division to the District Court Division of the General Court of Justice on 2 December 1968, pursuant to G.S. 7A-259. There is' no showing-in the record that defendant did not receive proper notice of the order of transfer. “ [A] bsent objection and exception to the order [of transfer], we assume that the provisions of G.S. 7A-259(a) were complied with. This section includes giving prompt notice to the parties…

2Cases cited4 opinions

  1. Sealey v. ALBANY INSURANCE COMPANYSupreme Court of North Carolina · 1961
  2. Percy Bros. Ex Rel. James Bros. v. JerniganSupreme Court of North Carolina · 1956
  3. Mathis v. SiskinSupreme Court of North Carolina · 1966
  4. Kelly v. DavenportCourt of Appeals of North Carolina · 1970

3Cited by2 opinions

  1. Fayetteville Aviation, Inc. v. Insurance Co. of North AmericaCourt of Appeals of North Carolina · 1973
  2. Ford Motor Credit Co. v. HayesCourt of Appeals of North Carolina · 1971

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