Roberts & Hoge, Inc. v. Moore

Under C. S., 469, if the facts embodied in the affidavit of defendants are true, and they were taken as true on the argument before us, the proper venue for the trial of this cause is in Sampson County. In this view of the record, C. S., 470, provides that if the county designated for that purpose in the summons and complaint is not the proper county, the action may, however, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be conducted in the proper county, and the place of trial is thereupon changed by consent of parties or by…