Clarke v. Clarke

Court of Appeals of North Carolina

Clarke v. Clarke

190 S.E.2d 390, 15 N.C. App. 576, 1972 N.C. App. LEXIS 1975

CourtCourt of Appeals of North Carolina

DecidedAugust 2, 1972

DocketNo. 7228DC534

StatusPublished

Cited by1 cases

This text of 190 S.E.2d 390 (Clarke v. Clarke) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarke v. Clarke, 190 S.E.2d 390, 15 N.C. App. 576, 1972 N.C. App. LEXIS 1975 (N.C. Ct. App. 1972).

Pincite

Opinion

GRAHAM, Judge.

Facts found by the trial judge in determining questions of residency raised in a motion to remove a case on grounds of improper venue are conclusive on appeal if supported by competent evidence. Doss v. Nowell, 268 N.C. 289, 150 S.E. 2d 394. The findings made by the trial judge in this case are supported by the evidence and support his conclusion that plaintiff was a resident of Buncombe County when she filed this action. Upon this determination, Buncombe County is a proper venue for trial of the case. G.S. 1-82.

Defendant contends it was error for the court to consider evidence of events transpiring after plaintiff filed this action. We disagree. Plaintiff’s subsequent conduct in leasing an apartment, changing her mailing address to Buncombe County and enrolling her children in schools there tends to support her contention that she abandoned her former residence in Haywood County on 8 June 1971 and that Buncombe County has been her permanent residence since that time. See Bixby v. Bixby, 361 P. 2d 1075 (Okla. 1961).

Affirmed.

Judges Campbell and Vaughn concur.

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GRAHAM, Judge.

Facts found by the trial judge in determining questions of residency raised in a motion to remove a case on grounds of improper venue are conclusive on appeal if supported by competent evidence. Doss v. Nowell, 268 N.C. 289, 150 S.E. 2d 394. The findings made by the trial judge in this case are supported by the evidence and support his conclusion that plaintiff was a resident of Buncombe County when she filed this action. Upon this determination, Buncombe County is a proper venue for trial of the case. G.S. 1-82.

Defendant contends it was error for the court to consider evidence of events transpiring after plaintiff filed this action. We disagree. Plaintiff’s subsequent conduct in leasing an apartment, changing her mailing address to Buncombe County and enrolling her children in schools there tends to support her contention that she abandoned her former residence in Haywood County on 8 June 1971 and that Buncombe County has been her permanent residence since that time. See Bixby v. Bixby, 361 P. 2d 1075 (Okla. 1961).

Affirmed.

Judges Campbell and Vaughn concur.

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Bluebook (online)

190 S.E.2d 390, 15 N.C. App. 576, 1972 N.C. App. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-clarke-ncctapp-1972.

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