Legal Opinion

Godley Const. Co., Inc. v. McDaniel

Court of Appeals of North Carolina

Decided April 3, 1979No. 7826SC581PublishedCited by 12 opinions

1Opinion of the Court

MITCHELL, Judge.

The defendants assign as error the trial court’s denial of their motion for a change of venue to promote the convenience of witnesses and the ends of justice and contend that it constituted an abuse of discretion. The defendants made their motion for change of venue pursuant to G.S. 1-83(2) after they had filed their answer. Unlike motions for change of venue based upon allegations of improper venue, which must be made a part of the answer or filed as separate motions prior to answering, motions for change of venue made pursuant to G.S. 1-83(2) are properly made only after an…

2Cases cited7 opinions

  1. State v. SmarrSupreme Court of North Carolina · 1897
  2. Thompson v. HorrellSupreme Court of North Carolina · 1968
  3. Swift and Company v. Dan-Cleve Corp.Court of Appeals of North Carolina · 1975
  4. Craven v. . MungerSupreme Court of North Carolina · 1915
  5. Farmers Cooperative Exchange, Inc. v. TrullSupreme Court of North Carolina · 1961

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United Services Automobile Ass'n v. SimpsonCourt of Appeals of North Carolina · 1997
  2. McCullough v. Branch Banking & Trust Co.Court of Appeals of North Carolina · 2000
  3. Dunn v. CookCourt of Appeals of North Carolina · 2010
  4. Roanoke Properties v. SPRUILL OIL CO.Court of Appeals of North Carolina · 1993
  5. Smith v. MarinerCourt of Appeals of North Carolina · 1985

7 more not listed; retrieve them via the Exa API.

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