Austin v. Austin

MALLARD, Chief Judge.

Defendant by assignment of error presents the question: “Did the court err in denying defendant’s motion that Union County be declared an improper venue?” Venue, as used in G.S. Chap. 1, Art. 7, means a place where the trial of a cause may be held by a court with jurisdiction. Lovegrove v. Lovegrove, 237 N.C. 307, 74 S.E. 2d 723 (1953). Jurisdiction is the power of a court to hear and decide a legal controversy. McIntosh, N. C. Practice 2d, § 5. There is a fundamental procedural distinction between a trial on the merits and the hearing of a motion in the cause. This…