Harris Clay Co. v. Carolina China Clay Co.

164 S.E. 341, 203 N.C. 12, 1932 N.C. LEXIS 300

Opinion

Stacy, C. J.

The case turns on whether the action is local or transitory in its nature. If local, the defendants are entitled to have the cause moved to Mitchell County for trial as a matter of right. C. S., 463. If transitory, the motion for change of venue was properly overruled. Causey v. Morris, 195 N. C., 532, 142 S. E., 783.

The action 'is for the recovery of damages and appears to be a transitory one. It sounds in neither ejectment nor replevin; nor is it an action for injury to real property, such as contemplated by the statute above cited. Eames v. Armstrong, 136 N. C., 392, 48 S. E., 769; McIntosh, N. C. Practice & Procedure, 258.

Affirmed.