Legal Opinion

Clow v. . McNeill

Supreme Court of North Carolina

Decided November 5, 1914Published

Appeal by both parties from Coolce, J., at August Term, 1914, of CumbeklaNd. This action was commenced in the county of Cumberland, summons being returnable to the August Term, 1914. Plaintiff is a resident of the county of Cumberland, and the defendant A. L. McNeill and Ida Rankin McNeill are residents of the county of Lee.

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Appeal by both parties from Coolce, J., at August Term, 1914, of CumbeklaNd. This action was commenced in the county of Cumberland, summons being returnable to the August Term, 1914. Plaintiff is a resident of the county of Cumberland, and the defendant A. L. McNeill and Ida Rankin McNeill are residents of the county of Lee. The plaintiff filed her complaint, in which she alleged, among other' things, that the defendant A. L. McNeill was, at the times complained of, the agent, confidential adviser, and attorney of the plaintiff; that on 24 January, 1905, while the plaintiff was preparing to…

1Opinion

The objection to the order continuing the restraining order is upon the ground that, as the action had been removed to the county of Lee, the judge holding the court of the county of Cumberland was without jurisdiction.

In our opinion, his Honor had the power to make the order, notwithstanding the removal, as the court had jurisdiction until the action was removed (Comrs. v. Lemly, 85 N.C. 341); but it is unnecessary to decide the question, as we have held upon the plaintiff's appeal that the action was properly constituted in the county of Cumberland.

Affirmed.

Cited: Piano Co. v. Newell, 177…

2Cases cited4 opinions

  1. Commissioners of Forsyth v. LemlySupreme Court of North Carolina · 1881
  2. Exum v. Carolina RailroadSupreme Court of North Carolina · 1942
  3. Bowen Piano Co. v. NewellSupreme Court of North Carolina · 1919
  4. State v. . AllenSupreme Court of North Carolina · 1925

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