Legal Opinion

Lee v. Poston

Supreme Court of North Carolina

Decided May 2, 1951No. 531PublishedCited by 7 opinions

1Opinion of the CourtErviN, J.

The appeal presents a question of venue. The plaintiff asserts that the general statutory provision set forth in G.S. 1-82 allows him to bring the action in Mecklenburg County, where he resides, whereas the defendants contend that the special statutory provision embodied in G.S. 1-77 localizes the action in Catawba County, where it arose.

Under G.S. 1-77, an action “against a public officer . . . 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, subject to the power of the court to change the place of trial in the…

2Cases cited10 opinions

  1. Portage Township v. Full Salvation UnionMichigan Supreme Court · 1947
  2. Southern Assembly v. . PalmerSupreme Court of North Carolina · 1914
  3. Brooks v. City of WichitaCourt of Appeals for the Eighth Circuit · 1902
  4. State v. CurtisSupreme Court of North Carolina · 1949
  5. Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. Stanley v. Department of Conservation & DevelopmentSupreme Court of North Carolina · 1973
  3. Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
  4. Sides v. Cabarrus Memorial Hospital, Inc.Court of Appeals of North Carolina · 1974
  5. Smith v. City of Winston-SalemSupreme Court of North Carolina · 1957

2 more not listed; retrieve them via the Exa API.

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