Legal Opinion · Concurrence

Miller v. . Miller

Supreme Court of North Carolina

Decided January 24, 1934Published

1Concurrence

Stacy, C. J.,

concurs on the ground that the municipal court of the city of High Point, unless it be a court of general jurisdiction, has no authority to remove a cause to the Superior Court of any county other than Guilford. Chap. 699, Public-Local Laws, 1927; 27 R. C. L., 779; Lewellyn v. Lewellyn, 203 N. C., 575.

Speaking to the right of a municipal court to grant a change of venue in the absence of statutory authority, it was said in Franken v. State, 190 Wis., 424, 209 N. W., 766: “Proceedings for change of venue are statutory in their origin, and, where no statutory provision exists…

2Cases cited8 opinions

  1. Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
  2. Tucker v. State Ex Rel. SnowWyoming Supreme Court · 1926
  3. Heather v. City of PalmyraSupreme Court of Missouri · 1925
  4. Francken v. StateWisconsin Supreme Court · 1926
  5. Adoption of McFarland Ex Rel. Green v. KellettMissouri Court of Appeals · 1928

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