Legal Opinion
McCrary Stone Service, Inc. v. Lyalls
Court of Appeals of North Carolina
Decided November 19, 1985No. 8528SC264PublishedCited by 11 opinions
1Opinion of the Court
WHICHARD, Judge.
Defendants’ sole contention is that the court erred in denying their motion for change of venue as a matter of right under N.C. Gen. Stat. 1-76. We disagree.
Since our Declaratory Judgment Act (N.C. Gen. Stat. 1-253 et seq.) contains no provisions regarding venue, the venue statutes and principles generally applicable to civil actions should govern venue of an action for declaratory relief. 22 Am. Jur. 2d, Declaratory Judgments Sec. 77 at 939. N.C. Gen. Stat. 1-76, in pertinent part, provides:
Actions for the following causes must be tried in the county in which the subject of…
2Cases cited5 opinions
- Rose's Stores, Inc. v. Tarrytown Center, Inc.Supreme Court of North Carolina · 1967
- Thompson v. HorrellSupreme Court of North Carolina · 1968
- Blevens v. Kitchin Lumber Co.Supreme Court of North Carolina · 1934
- Sample v. Towe Motor Company, Inc.Court of Appeals of North Carolina · 1974
- Sterling Commercial Corp. v. BradfordAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by11 opinions
- Centura Bank v. MillerCourt of Appeals of North Carolina · 2000
- Pierce v. Associated Rest & Nursing Care, Inc.Court of Appeals of North Carolina · 1988
- Roanoke Properties v. SPRUILL OIL CO.Court of Appeals of North Carolina · 1993
- Fox Holdings, Inc. v. Wheatly Oil Co.Court of Appeals of North Carolina · 2003
- Rose's Stores, Inc. v. Bradley Lumber Co.Court of Appeals of North Carolina · 1992
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