Southern Cotton Oil Co. v. Grimes

Tbe plaintiff is a nonresident corporation, and tbe defendant a resident of Martin County. On 5 December, 1921, tbe plaintiff brought suit in Pitt to recover damages for alleged breach of contract; and tbe defendant, before tbe time for answering expired, appeared before tbe clerk of tbe Superior Court of tbe latter county and filed a motion to dismiss the action. Tbe clerk denied this motion and ex mero motu made an order of removal to Martin, and extended tbe time for tbe defendant to answer. Tbe plaintiff appealed from this order to tbe court in term; and to an order made by bis Honor…