Legal Opinion

Coats v. Sampson County Memorial Hospital, Inc.

Supreme Court of North Carolina

Decided April 28, 1965No. 608PublishedCited by 33 opinions

1Opinion of the CourtSharp, J.

G.S. 1-77 provides that actions against a public officer or person especially appointed to execute his duties, for an act done by him by virtue of his office, must be tried in the county where the cause, or some part thereof, arose. Any consideration of G.S. 1-77 (2) involves two questions: (1) Is defendant a “public officer or person especially appointed to execute his duties”? (2) In what county did the cause of action in suit arise? Here plaintiffs make no contention that the cause of action arose elsewhere than in Sampson County. The crux of their argument is that the venue of this action…

2Cases cited15 opinions

  1. Cecil v. City of High PointSupreme Court of North Carolina · 1914
  2. Jones v. Town of StatesvilleSupreme Court of North Carolina · 1887
  3. Steele v. Commissioners of RutherfordSupreme Court of North Carolina · 1874
  4. Johnston v. Board of CommissionersSupreme Court of North Carolina · 1872
  5. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925

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3Cited by33 opinions

  1. Smith v. StateSupreme Court of North Carolina · 1976
  2. State v. Fayetteville Street Christian SchoolSupreme Court of North Carolina · 1980
  3. Gardner v. GardnerSupreme Court of North Carolina · 1980
  4. News & Observer Publishing Co. v. Wake County Hospital System, Inc.Court of Appeals of North Carolina · 1981
  5. Funderburk v. JusticeCourt of Appeals of North Carolina · 1975

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