Lassiter v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civil ActioN for injury alleged to be occasioned by diverting water upon land of plaintiff, heard before Allen, J., at November Term, 1899, of Beetle Superior Court, upon motion and affidavit of defendant for the removal of the cause to some other county for trial, for the convenience of witnesses and to promote the ends of justice. Motion allowed. Plaintiff excepted and appealed.
1Opinion of the CourtClark, J.
Tbe Code, see. 195, provides that if an action is not brought “in the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time of answering expires, demands in writing that the trial be had in the proper county.” This gives the defendant a right to remove in such cases upon written motion in apt time (Manufacturing Co. v. Brower, 105 N. C., 440), otherwise the objection is waived. But the same section further on gives tire Court the discretion: “It may change the place of trial” in three cases named in as many subsections, the second of which is…
2Cases cited2 opinions
- Falls of Neuse Manufacturing Co. v. BrowerSupreme Court of North Carolina · 1890
- Roberts v. . ConnorSupreme Court of North Carolina · 1899
3Cited by4 opinions
- Miller v. MillerCourt of Appeals of North Carolina · 1978
- Craven v. . MungerSupreme Court of North Carolina · 1915
- Oettinger v. Hill Live Stock Co.Supreme Court of North Carolina · 1915
- Ludwick v. Uwarra Mining Co.Supreme Court of North Carolina · 1916