McNeill v. . Hodges
Supreme Court of North Carolina
Jurisdiction— Venue. This is a special proceeding, began in the County of CUMBERLAND, for the settlement of a guardianship, and heard upon exceptions before Clark, J, at Chambers, in RichmoND County, on the 7th day of June, 1887. In the course of the action there was a reference and report to which exceptions were filed.
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Jurisdiction— Venue. This is a special proceeding, began in the County of CUMBERLAND, for the settlement of a guardianship, and heard upon exceptions before Clark, J, at Chambers, in RichmoND County, on the 7th day of June, 1887. In the course of the action there was a reference and report to which exceptions were filed. Thereupon the plaintiff served ten days’ notice on the defendant Hodges to appear at Chambers, in Rockingham, Richmond County, on the 7th of June; and the defendant Hodges, by his counsel, appeared accordingly, and insisted to the Court that it was irregular and not according…
1Opinion of the Court
Mekrimost, J.,
(after stating the case). Regularly, an action must be conducted, tried and disposed of not only in the Courts, but as well in the county where it is pending. The several statutes prescribing and regulating the jurisdiction of the Courts, the method of procedure and practice, so in effect provide, except in particular cases and respects specially provided for, such as the granting of injunctions pending the action until the hearing upon the merits, the appointment of receivers and the like. Bynum v. Powe, 97 N. C., 374.
Such special exercise of authority is exceptional and should…
2Cases cited1 opinion
- Bynum v. . PoweSupreme Court of North Carolina · 1887
3Cited by16 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
- Bisanar v. . SuttlemyreSupreme Court of North Carolina · 1927
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
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