Nello L. Teer Co. v. Hitchcock Corp.

Tbe question for determination is whether, upon the facts as disclosed by the present record, the defendant was entitled, as a matter of law, to have the action removed to Buncombe County for trial. The answer must be in the affirmative.

G.S. 1-83 reads as follows: “If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of 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,…