John P. Nutt Corp. v. Southern Railway Co.

197 S.E. 534, 214 N.C. 19, 1938 N.C. LEXIS 249

• Court: Supreme Court of North Carolina
• Decided: June 15, 1938
• Status: Published

Opinion

Stacy, C. J.

For the purpose of suing and being sued in the courts of this State, the plaintiff, by submitting to domestication, has acquired the right of a domestic corporation, with its principal place of business in Wilmington. Smith-Douglass Co. v. Honeycutt, 204 N. C., 219, 167 S. E., 810. Therefore, in determining the proper venue, the plaintiff is to be regarded as a resident of New Hanover County. C. S., 466. We are not now concerned with tbe right of removal to the Federal Court for trial. Smith-Douglass Co. v. Honeycutt, supra.

There is neither finding, nor request to find, that the cause of action arose outside the county of plaintiff’s residence. Motor Service Corp. v. R. R., 210 N. C., 36, 185 S. E., 479. Nor is it specifically alleged that the cause of action arose elsewhere. The defendants are railroads. Thus it would seem, upon the instant record, “the action must be tried” (C. S., 468) in New Hanover County, or some adjoining county, unless the place of trial is changed as provided by statute. Forney v. R. R., 159 N. C., 157, 74 S. E., 884; R. R. v. Thrower, 213 N. C., 637.

Reversed.