Phillips v. . Lentz
Supreme Court of North Carolina
Motion to remove a cause heard at Spring Term, 1880, of Cabarrus Superior Court, before McKoy, J. This motion was made in a civil action pending in said court.
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Motion to remove a cause heard at Spring Term, 1880, of Cabarrus Superior Court, before McKoy, J. This motion was made in a civil action pending in said court. After answer filed by defendant, he moved for the removal of the cause from the county of Cabarrus to some adjacent county, which was based upon the following affidavit : “ The defendant being duly sworn', says that he cannot, as he verily believes, obtain a fair trial of this action in this county; that any recovery which may be effected in this action will, as he is advised, pass by the will of the plaintiff’s testator to two…
1Opinion of the CourtAshe, J.
The removal of causes, civil.or criminal, from, one county to another for trial, is authorized by the act of 1808—Rev. Stat., ch. 31, § 120, and Rev. Code, ch. 31, § 115. This section of the Revised Code was not brought forward in Battle’s Revisal, and the legislature deemed it necessary to pass the act of 1875, ch. 19, which revived sections 115, 116, 117 and 118 of the Revised Code, except that portion qf section 115 with reference to slaves. This section (115) omitting the clause referring to slaves, reads: “ In all causes-in the superior courts, civil or criminal, in which it shall be…
2Cited by8 opinions
- Everett v. TOWN OF ROBERSONVILLECourt of Appeals of North Carolina · 1970
- State v. MooreSupreme Court of North Carolina · 1962
- Patrick v. HurdleCourt of Appeals of North Carolina · 1969
- Gilliken v. . NorcomSupreme Court of North Carolina · 1927
- Cannon v. . BeemerSupreme Court of North Carolina · 1832
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