Latham v. . Latham
Supreme Court of North Carolina
Appeal by Carrie W. Hancock, Exrx., from Devin, J., at April Term, 1919, of BEAUFORT. This was a civil action instituted in tbe Superior Court of Beaufort County, in October, 1916, to recover for alleged conversion by Samuel W. Latham of the proceeds of the sale of certain lands. The action was commenced in the right county. Complaint was filed 27 December, 1917. No answer was filed.
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Appeal by Carrie W. Hancock, Exrx., from Devin, J., at April Term, 1919, of BEAUFORT. This was a civil action instituted in tbe Superior Court of Beaufort County, in October, 1916, to recover for alleged conversion by Samuel W. Latham of the proceeds of the sale of certain lands. The action was commenced in the right county. Complaint was filed 27 December, 1917. No answer was filed. Shortly thereafter, on the . day of .1918, Samuel W. Latham died, leaving a last will and testament, naming Carrie W. Hancock executrix without bond. The will was probated in Craven County and Carrie W. Hancock…
1Opinion of the CourtAudeN, J.
The venue of civil actions is a matter for legislative regulation, and is not governed by the rules of the common law. Cooperage Co. v. L. Co., 151 N. C., 456.
It deals with procedure and is not jurisdictional, in the absence of statutory provision to that effect. McGullen v. R. R., 146 N. C., 568.
When we turn to the statutes we find in Eevisal, sec. 415, that in case of death of a- defendant the court “may allow the action to be continued by or against his representative or successor in interest,” and section 417 requires the summons to the personal representative to be returnable before the…
2Cases cited5 opinions
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- Interstate Cooperage Co. v. Eureka Lumber Co.Supreme Court of North Carolina · 1909
- Hannon v. Southern Power Co.Supreme Court of North Carolina · 1917
- Cornell University v. Wisconsin Central RailroadWisconsin Supreme Court · 1880
- McCullen v. . R. R.Supreme Court of North Carolina · 1908
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