Legal Opinion
Davis v. Smith
Court of Appeals of North Carolina
Decided November 20, 1974No. 7426SC602PublishedCited by 3 opinions
1Opinion of the Court
BROCK, Chief Judge.
Defendant relies upon G.S. 1-76(4) for removal of this action to Forsyth County. G.S. 1-76(4) provides that
“Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law: . . . (4) Recovery of personal property when the recovery of the property itself is the sole or primary relief demanded.”
There are no cases in North Carolina which apply G.S. 1-76(4) to stock certificates. The defendant contends that the fact that…
2Cases cited5 opinions
- Rhode Island Hospital Trust Co. v. DoughtonSupreme Court of North Carolina · 1924
- First Nat. Bank of Boston v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1933
- Woodard v. Sauls.Supreme Court of North Carolina · 1904
- Castelloe v. . JenkinsSupreme Court of North Carolina · 1923
- Flythe v. . WilsonSupreme Court of North Carolina · 1947
3Cited by3 opinions
- Klass v. HayesCourt of Appeals of North Carolina · 1976
- Smith v. MarinerCourt of Appeals of North Carolina · 1985
- Apex Elastics, LLC v. TuckerNorth Carolina Business Court · 2026