CITICORP PERSON-TO-PERSON FINANCIAL CENTER v. STALLINGS 601 SALES

Nos. 8019SC301, 8019SC302.

270 S.E.2d 567 (1980)

CITICORP PERSON-TO-PERSON FINANCIAL CENTER, INC. v. STALLINGS 601 SALES, INC. and BORG-WARNER ACCEPTANCE CORPORATION v. STALLINGS 601 SALES, INC.

Court of Appeals of North Carolina.

October 7, 1980.


Attorney(s) appearing for the Case

Wesley B. Grant by Randell F. Hastings, Concord, for defendant-appellant.

Larry E. Harris, Kannapolis, for plaintiff Borg-Warner Acceptance Corp.

Woodson, Hudson, Busby & Sayers by Benjamin H. Bridges, III, Salisbury, for plaintiff Citicorp Person-To-Person Financial Center, Inc.


ARNOLD, Judge.

Although these two cases were considered separately by the trial court they are consolidated for our appraisal on appeal.

First, we reject defendant's argument that the judge was required first to rule on its motion for change of venue (under Rule 12(b)(3)) and that by allowing that motion the court was then without authority to grant plaintiffs' motions for immediate possession of the collateral. Relying on Little v. Little, ...

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