Bowen Piano Co. v. Newell
Supreme Court of North Carolina
ActioN tried before Starbuch, J., in Forsyth County Court, and on appeal tried before Bryson, J., at January Term, 1919, of Foesyth. This action was brought to recover a debt secured by a conditional sale note. The plaintiff, who lives in Forsyth, also sought to recover possession of the personal property — one piano, described in the note, which was situated in Lee County.
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ActioN tried before Starbuch, J., in Forsyth County Court, and on appeal tried before Bryson, J., at January Term, 1919, of Foesyth. This action was brought to recover a debt secured by a conditional sale note. The plaintiff, who lives in Forsyth, also sought to recover possession of the personal property — one piano, described in the note, which was situated in Lee County. Plaintiff demands possession of the piano and for an order to sell the same and apply the proceeds of the sale to the payment of the note sued on. Defendants are residents of Lee County where, as defendants allege, the…
1Opinion of the Court
PeR CukiaM.
While, as a general rule, an appeal does not lie from the refusal to dismiss an action, Pell’s Rev., p. 313, sec. 587, where many of the eases are collected, it does lie from a refusal to remove because of a wrong venue. Pell’s Rev., p. 309, cb. 12, sec. 587,. citing Brown v. Cogdell, 136 N. C., 32, and other cases. The motion to dismiss, though, was properly overruled, as it was not a question of jurisdiction but of venue, or place of trial. The court had general jurisdiction of such actions, and we must, therefore, confine our inquiry to the second ground of the motion. We are of…
2Cases cited6 opinions
- Falls of Neuse Manufacturing Co. v. BrowerSupreme Court of North Carolina · 1890
- Brown v. Cogdell.Supreme Court of North Carolina · 1904
- Connor v. Dillard.Supreme Court of North Carolina · 1901
- Woodard v. Sauls.Supreme Court of North Carolina · 1904
- Edgerton v. Games.Supreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Virginia-Carolina Chemical Co. v. TurnerSupreme Court of North Carolina · 1925
- Fairley Bros. v. AbernathySupreme Court of North Carolina · 1925
- Marshburn v. . PurifoySupreme Court of North Carolina · 1942
- Chevrolet Co., Inc. v. . CahoonSupreme Court of North Carolina · 1943
- Clow v. . McNeillSupreme Court of North Carolina · 1914