Shaver v. . Huntley
Supreme Court of North Carolina
This is an appeal from a judicial order of Bynum., J., refusing the demand of the defendants that the cause be removed from the Superior Court of Rowan County to the Superior Court of Anson County, made at August Term, 1890, of RowaN Superior Court. The summons was issued and duly executed, returnable to the Spring Term, 1890, of the Superior Court of Rowran County..
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This is an appeal from a judicial order of Bynum., J., refusing the demand of the defendants that the cause be removed from the Superior Court of Rowan County to the Superior Court of Anson County, made at August Term, 1890, of RowaN Superior Court. The summons was issued and duly executed, returnable to the Spring Term, 1890, of the Superior Court of Rowran County.. The record shows that, at the return term (May Term, 1890), before Shipp, J., the following entry was made: “ Continued. Thirty days allowed plaintiff to-file complaint, and thirty days thereafter to allow defendants to answer as…
1Opinion of the CourtDavis, J.
after stating the facts: The Code, §191 (2) 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, or against a person who, by his command or in his aid, shall do anything touching the duties of such officer,” must be tried in the county where the cause, or some part thereof, arises. Section 195 provides that “if the county designated for that purpose in the summons and complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time of…
2Cases cited1 opinion
- Granville County Board of Education v. State Board of EducationSupreme Court of North Carolina · 1890
3Cited by6 opinions
- McArthur v. . GriffithSupreme Court of North Carolina · 1908
- Riley v. Pelletier.Supreme Court of North Carolina · 1904
- Stevens Lumber Co. v. ArnoldSupreme Court of North Carolina · 1920
- Kanipe v. . KendrickSupreme Court of North Carolina · 1933
- Kanipe v. KendrickSupreme Court of North Carolina · 1933
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