Sugg v. . Pollard
Supreme Court of North Carolina
Appeal by defendant from Brock, Jat chambers in New Bern, 28 November, 1922, from Pitt. This case was submitted upon an agreed statement of facts.
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Appeal by defendant from Brock, Jat chambers in New Bern, 28 November, 1922, from Pitt. This case was submitted upon an agreed statement of facts. It appears therefrom that on 25 May, 1921, J. ~W. Stout & Company filed notice of lien in the office of the clerk of the Superior Court of Pitt against the Earmville Auto Service Company, owners of the land and buildings duly described in said lien, on which they claimed a laborers’ and material man’s and mechanic’s lien for the sum of $13,694.83— which was in due form and duly recorded in the lien book in said office. The land and buildings on…
1Opinion of the CourtOlakK, C. J.
The defendant assigns as error that the action for which judgment was recovered upon the lien and debt was not recovered in Pitt County, and no notice of lis pendens was ever filed in that county; that the suit “was brought by claimants in Lee County in June, 1921, for judgment and to perfect and foreclose the lien filed in Pitt County, and that Lee County was the wrong venue, as the action should have been brought in Pitt; and that the judgment taken in Lee in October, 1921, was docketed in Pitt 2 December, 1921, more than 6 months after filing of lien.” The bare fact that judgment for the…
2Cases cited4 opinions
- Duffy v. A. & N. C. RailroadSupreme Court of North Carolina · 1907
- Smith v. . MoreheadSupreme Court of North Carolina · 1863
- Allen-Fleming Co. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- McArthur v. . GriffithSupreme Court of North Carolina · 1908
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- Nello L. Teer Co. v. Hitchcock Corp.Supreme Court of North Carolina · 1952
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