Dudley v. . Dudley

14 S.E.2d 787, 219 N.C. 765, 1941 N.C. LEXIS 144

• Court: Supreme Court of North Carolina
• Decided: May 31, 1941
• Status: Published

Opinion

Stacy, C. J.

Plaintiff resides in Alamance County; the defendant in Wilson County. The action is for alimony without divorce under O. S., 1667. The question presented is one of venue.

The defendant says the cause of action arose in Wilson County and is to be tried there according to the clear terms of the statute giving the right. The plaintiff says the cause of action arose in Alamance County, and further that she now resides there.

In an action of this kind, i.e., one for alimony without divorce, the statute provides that “the wife may institute an action in the Superior Court of the county in which the cause of action arose,” but the venue, thus prescribed, is not exclusive, if either the plaintiff or the defendant reside in another county at the commencement of the action, C. S., 469.

Under the pertinent decisions it would seem that the motion was properly denied. Rector v. Rector, 186 N. C., 618, 120 S. E., 195; Miller v. Miller, 205 N. C., 753, 172 S. E., 493.

Affirmed.