Herff Jones Co. v. Allegood

MORRIS, Judge.

Defendants’ first assignment of error is to the failure of the trial court to hear and grant defendant Allegood’s motion for a change of venue as a matter of right. Defendant argues that since his motion was made in writing and in apt time, removal became a matter of substantial right and deprived the court of power to proceed further in essential matters until the right of removal was considered and passed upon. With this proposition we have no quarrel. See Little v. Little, 12 N.C. App. 353, 183 S.E. 2d 278 (1971). In our opinion, however, the trial court properly postponed…