Whitford v. North State Life Insurance
Supreme Court of North Carolina
Appeal from Ferguson, J., at June Term, 1911, of Chaven. This is a motion to remove an action from the county of. Craven to the county of Lenoir for trial. The admitted facts are: (1) The plaintiff is Gr. A. Whitford, administrator of W. B. Burgess. (2) The defendant is a domestic corporation, whose principal place of business is in Lenoir County. (3) The action is to recover the amount of a life insurance p>olicy.
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Appeal from Ferguson, J., at June Term, 1911, of Chaven. This is a motion to remove an action from the county of. Craven to the county of Lenoir for trial. The admitted facts are: (1) The plaintiff is Gr. A. Whitford, administrator of W. B. Burgess. (2) The defendant is a domestic corporation, whose principal place of business is in Lenoir County. (3) The action is to recover the amount of a life insurance p>olicy. (4) The intestate Burgess was a resident of Lenoir County at the time of his death. (5) The plaintiff qualified as administrator in Lenoir County. (6) The plaintiff, Gr. A.…
1Opinion of the CourtAllen, J.
The cause of action alleged in the complaint is not one of those provided for in section 419 of Revisal, which must be tried in tbe county “in wbicb tbe subject of tbe action, or some part thereof, is situated”; nor is it one of those mentioned in section 420 of Bevisal, wbicb are to be tried in tbe county “where tbe cause or some part thereof arose.”
Tbe section requiring actions against administrators to be instituted in tbe county where tbe bond of tbe administrator is given, has no application, because this is not an action against an administrator, but one brought by him.
As no provision…
2Cited by10 opinions
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944
- Hannon v. Southern Power Co.Supreme Court of North Carolina · 1917
- Smith v. . PattersonSupreme Court of North Carolina · 1912
- Wiggins v. FinchSupreme Court of North Carolina · 1950
- Lawson Ex Rel. Stallings v. LangleySupreme Court of North Carolina · 1937
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