Trustees of Catawba College v. Fetzer
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at February Term, 1913, of Catawba. Civil action to recover on a note for $1,000, executed by P.'B. Fetzer, testator of defendant, beard on motion-to remove cause. Tbe action was instituted" in Catawba County, returnable to February Term, 1913, commencing 3 February.
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Appeal by defendant from Daniels, J., at February Term, 1913, of Catawba. Civil action to recover on a note for $1,000, executed by P.'B. Fetzer, testator of defendant, beard on motion-to remove cause. Tbe action was instituted" in Catawba County, returnable to February Term, 1913, commencing 3 February. Verified complaint was duly filed 11 December, 1912; verified answer to merits filed 5-February, 1913; forilial replication filed 8 February, 1913. Defendant is executrix of tbe obligor of tbe note, duly -qualified and acting as sucli in tbe county of Cabarrus, and, later in tbe term, to wit,…
1Opinion of the CourtHoke, J.
Our statute, Revisal, sec. 425, provides that, “if tbe county designated in tbe summons and complaint be not the proper county, tbe action may, notwithstanding, be held there, unless tbe defendant, before tbe time for answering expires, demands, in writing, that the trial be held in tbe proper county.” Construing tbe section, our Court bolds that, “in order for a litigant to avail himself of tbe right, conferred by tbe statute, tbe motion to remove must be formally made and in apt time,” and further, that, although a defendant might have answered at any time during tbe term, bis time to…
2Cases cited1 opinion
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- Cody v. . HoveySupreme Court of North Carolina · 1940
- State v. MillsSupreme Court of North Carolina · 1922