Boyd v. First National Bank of West Jefferson

155 S.E. 577, 199 N.C. 687, 1930 N.C. LEXIS 220

• Court: Supreme Court of North Carolina
• Decided: November 5, 1930
• Status: Published

Opinion

Per Curiam.

This action was begun in tbe Superior Court of Meck-lenburg County. One of tbe defendants is tbe town of West Jefferson, a municipal corporation in Asbe County. Tbe Superior Court of Meck-lenburg, upon motion made in apt time, removed tbe cause to Asbe County. Thereafter tbe plaintiffs lodged a motion in tbe Superior Court of Asbe.County to remand tbe cause to Mecklenburg. Tbe motion was denied and tbe plaintiffs excepted and appealed. Tbe facts found by tbe trial judge and set out in tbe record fully warrant tbe order refusing tbe plaintiffs’ motion to remand tbe cause. Tbe action involves tbe official conduct of tbe municipal officers of West Jefferson in tbe county of its situs and tbe proper venue is Asbe County. Cecil v. High Point, 165 N. C., 431. Judgment

Affirmed.