Blevens v. Kitchin Lumber Co.

The defendant contends that the action as alleged in the complaint is a local action, and that Graham County, in which the land referred to in the complaint is situated, is the proper venue. The plaintiff contends that the action as alleged in the complaint is a transitory action, and that Yancey County, where it was instituted, is a proper venue. The defendant in its brief says, and correctly so, that “the form of action stated in the complaint determines this appeal”; and, since the “complaint determines this appeal,” we are precluded from considering the allegation in the petition for…