Collyer v. Bell

MORRIS, Judge.

From the outset it is noted that the property in question was located in Polk County, plaintiffs’ residence, but the suit was brought in Henderson County, defendants’ residence. G.S. 1-76 to 1-88 relate to venue, not jurisdiction, and provide that an objection to the wrong venue is waived if not made in apt time. Defendants made no objection to venue in apt time and thus waived the right. Mitchell v. Jones, 272 N.C. 499, 158 S.E. 2d 706 (1968). Perhaps defendants preferred the action tried in their own yard. We also note that counsel representing defendants on appeal did not…