Southeast Construction Co. v. Wood

This Petition for Writ of Prohibition raises the question of proper venue in an action brought by Cecil N. Elliott and wife against petitioners. The answer to this question depends on whether Elliotts’ complaint states a cause of action in damages to real estate or a cause of action on contract. If the former, the action is local and the Writ must be denied, but if the latter, the Writ should be granted.

The first complaint filed by Elliotts makes many references to a contract between the State and petitioners, but later Elliotts filed an amended complaint which we will consider in this…