Swift and Company v. Dan-Cleve Corp.

ARNOLD, Judge.

The question presented by this appeal is whether the trial court’s findings of fact support its conclusion that defendants impliedly waived their motion for venue change as a matter of right.

Venue is not jurisdictional. It may bé waived “unless the defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county. . . .” G.S; 1-83. See Nelms v. Nelms, 250 N.C. 237, 108 S.E. 2d 529 (1959) ; Roberts v. Moore, 185 N.C. 254, 116 S.E. 728 (1923). Under G.S. 1A-1, Rule 12(b) (3), the defense of improper venue may be raised in the…