Farmers' State Alliance v. Murrell
Supreme Court of North Carolina
MotioN to remove the cause to another county for trial, for that the action was brought, in the wrong county, contrary to Section 193 of The Code, heard before Mclver, J., at February Term, 1896, of Wake Superior Court.
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MotioN to remove the cause to another county for trial, for that the action was brought, in the wrong county, contrary to Section 193 of The Code, heard before Mclver, J., at February Term, 1896, of Wake Superior Court. It appeared from.the pleadings that Elijah Murrell, one of the sureties on the bond sued on, had died before the commencement of the action, and that the principal in the bond, William Murrell, (also a defendant in this action,) had with John F. Cox, another surety, and also a defendant in this action, qualified as administrator of said Elijah Mur-rell, deceased, before the…
1Opinion of the Court
Fdrohks, J.:
This is amotion to remove the cause for trial from the County of Wsfke to the County of Onslow. The motion was allowed, and plaintiff appealed. There is no dispute but that the court has jurisdiction of the subject-matter of this action, and this motion only affects the venue. Two of the defendants are sued as administrators of Elijah Murrell, who were appointed, qualified and gave bond as such in the County of Onslow; and all the defendants reside in that county, and all join in the application to remove. Clark v. Peebles, 100 N. C., 348.
The plaintiff being a domestic…
2Cases cited6 opinions
- Stanley v. . Mason, Adm'r.Supreme Court of North Carolina · 1873
- Cline v. Bryson City Manufacturing Co.Supreme Court of North Carolina · 1895
- Bidwell v. . KingSupreme Court of North Carolina · 1874
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1888
- Foy, Adm'r v. . Morehead . Adm'rsSupreme Court of North Carolina · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. Cogdell.Supreme Court of North Carolina · 1904
- Craven v. . MungerSupreme Court of North Carolina · 1915
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944
- Roberts v. . ConnorSupreme Court of North Carolina · 1899
- Wiggins v. FinchSupreme Court of North Carolina · 1950
4 more not listed; retrieve them via the Exa API.