Legal Opinion

Wiggins v. Finch

Supreme Court of North Carolina

Decided September 27, 1950No. 91PublishedCited by 8 opinions

1Opinion of the CourtDeNNY, J.

The appellant is not entitled to an abatement of this action, even though it be conceded it was instituted in the wrong county. It has been repeatedly held that our statutes relating to venue are not jurisdictional, and that if an action is instituted in the wrong county it ■should be removed to the proper county, and not dismissed, if the motion for removal is made in apt time, otherwise the question of venue will be waived. G.S. 1-83; Davis v. Davis, 179 N.C. 185, 102 S.E. 270; Roberts v. Moore, 185 N.C. 254, 116 S.E. 728; Bohannon v. Wachovia Bank & Trust Co., 210 N.C. 679, 188 S.E. 390;…

2Cases cited24 opinions

  1. Bohannon v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1936
  2. Shaffer v. Morris BankSupreme Court of North Carolina · 1931
  3. Davis v. . DavisSupreme Court of North Carolina · 1920
  4. Wynne v. . ConradSupreme Court of North Carolina · 1941
  5. Wynne v. ConradSupreme Court of North Carolina · 1941

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

3Cited by8 opinions

  1. Coats v. Sampson County Memorial Hospital, Inc.Supreme Court of North Carolina · 1965
  2. Nello L. Teer Co. v. Hitchcock Corp.Supreme Court of North Carolina · 1952
  3. Martel v. Inhabitants of Town of Old OrchardSupreme Judicial Court of Maine · 1979
  4. King v. BuckCourt of Appeals of North Carolina · 1974
  5. Davis v. SingletonSupreme Court of North Carolina · 1962

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API