Legal Opinion

Cecil v. City of High Point

Supreme Court of North Carolina

Decided April 29, 1914PublishedCited by 34 opinions

Appeal by plaintiff from Lane, J., at February Term, 1914, of DavidsoN. Civil action beard on motion for change of venue. From a perusal of the pleadings, it appears that the action was instituted" in Superior Court of Davidson County, against the city of High Point in Guilford County, to recover damages caused by reason of its sewerage plant and system, operated in the corporate limits of the city.

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Appeal by plaintiff from Lane, J., at February Term, 1914, of DavidsoN. Civil action beard on motion for change of venue. From a perusal of the pleadings, it appears that the action was instituted" in Superior Court of Davidson County, against the city of High Point in Guilford County, to recover damages caused by reason of its sewerage plant and system, operated in the corporate limits of the city. The complaint alleged, with great fullness of detail, that defendant corporation, in the operation of the sewerage system, dumps its sewage into'a branch in the northwestern limits pf the city,…

1Opinion of the Court

IIoKE, J.,

after stating the case: Section 4.19. of our Eevisal, among other things, provides generally that actions to recover real property or any interest therein or for injuries thereto shall be brought in the county where the subject of the action or some part- thereof is situated; section 420, that actions against a public officer or person specially appointed to execute his duties for an act done by him by virtue of his office must be instituted in the county where the cause or some part thereof arose, etc., etc. In numerous cases in this State, interpreting this latter section, 420,…

2Cases cited11 opinions

  1. Mayor of Nashville v. WebbTennessee Supreme Court · 1904
  2. Hand v. StapletonSupreme Court of Alabama · 1902
  3. Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
  4. Jones v. Town of StatesvilleSupreme Court of North Carolina · 1887
  5. Steele v. Commissioners of RutherfordSupreme Court of North Carolina · 1874

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3Cited by34 opinions

  1. Keith v. . LockhartSupreme Court of North Carolina · 1916
  2. Gardner v. GardnerSupreme Court of North Carolina · 1980
  3. Coats v. Sampson County Memorial Hospital, Inc.Supreme Court of North Carolina · 1965
  4. Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1943
  5. Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923

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