Kellis v. . Welch
Supreme Court of North Carolina
1Opinion of the CourtAdams, J.
The appeal raises a question, not of jurisdiction, but of venue — the county in which the facts relied on are alleged to have occurred, or in which the cause of action arose.
The place of trial is regulated by statute. C. S., 463 et seq. Subject to statutory exceptions an action may be tried in the county in which the plaintiff or the defendant resides at the time the action is commenced (C. S., 469; McFadden v. Maxwell, 198 N. C., 223); but an action against a public officer for an act done by him by virtue of his office must be tried in the county in which the cause or some part of it arose,…
2Cases cited4 opinions
- Sherrod v. . DawsonSupreme Court of North Carolina · 1911
- Richmond Cedar Works v. J. L. Roper Lumber Co.Supreme Court of North Carolina · 1913
- McCullen v. . R. R.Supreme Court of North Carolina · 1908
- McFadden v. . Maxwell, Comr. of RevenueSupreme Court of North Carolina · 1930
3Cited by3 opinions
- Board of Trustees of State Institutions of Higher Learning v. Van SlykeMississippi Supreme Court · 1987
- Murphy v. City of High PointSupreme Court of North Carolina · 1940
- Potts v. United Supply Co.Supreme Court of North Carolina · 1942