Legal Opinion

Atlantic Coast Line Railroad v. Thrower

Supreme Court of North Carolina

Decided May 25, 1938PublishedCited by 8 opinions

1Opinion of the CourtBarnhill, J.

C. S., 469, provides: “In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement.” This is the portion of the statute pertinent to this controversy. C. S., 410, provides: “If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county, and the place of trial is thereupon changed by consent of parties, or by…

2Cases cited5 opinions

  1. Jones v. Town of StatesvilleSupreme Court of North Carolina · 1887
  2. Falls of Neuse Manufacturing Co. v. BrowerSupreme Court of North Carolina · 1890
  3. Pelletier v. . SaundersSupreme Court of North Carolina · 1872
  4. Brown v. Cogdell.Supreme Court of North Carolina · 1904
  5. Roberts & Hoge, Inc. v. MooreSupreme Court of North Carolina · 1923

3Cited by8 opinions

  1. Nello L. Teer Co. v. Hitchcock Corp.Supreme Court of North Carolina · 1952
  2. Mitchell v. JonesSupreme Court of North Carolina · 1968
  3. Casstevens v. Wilkes Telephone Membership Corp.Supreme Court of North Carolina · 1961
  4. Noland Company v. Laxton Construction CompanySupreme Court of North Carolina · 1956
  5. Charleston Capital Corp. v. Love Valley Enterprises, Inc.Court of Appeals of North Carolina · 1971

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