Lewis v. . Sanger

Supreme Court of North Carolina

Lewis v. . Sanger

6 S.E.2d 494, 216 N.C. 724, 1940 N.C. LEXIS 371

DecidedJanuary 3, 1940

StatusPublished

This text of 6 S.E.2d 494 (Lewis v. . Sanger) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. . Sanger, 6 S.E.2d 494, 216 N.C. 724, 1940 N.C. LEXIS 371 (N.C. 1940).

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Opinion

Schenck, J.

The appeal was properly taken to the Superior Court of Guilford County. Subsection (j), section 5, chapter 699, Public-Local Laws 1927.

At the time the municipal court of the city of High Point heard the motion for and entered the order of removal the action instituted against the defendants Sanger et al., constituting the partnership of Lyon Mercantile Agency or Lyon Furniture Mercantile Agency, had, under special appearances, been dismissed for want of service, and the demurrer filed by the defendant Eshelman had been sustained. No exception was taken to the order of dismissal or the order sustaining the demurrer. Hence, when the order of removal was heard by the municipal court the only parties before the court were the plaintiffs, nonresidents of the State, and the defendant Cranford Furniture Company, a corporation with its principal place of business in Randolph County. The Cranford Furniture Company made demand in writing for removal to the county of its residence (Randolph County, C. S., 466) before its time for answering expired. Whereupon it became the duty of the court to grant *726 tbe demand, C. S., 469, 470; Roberts v. Moore, 185 N. C., 254; Jones v. Statesville, 97 N. C., 86; Mfg. Co. v. Brower, 105 N. C., 440.

We see no error in tbe judgment of tbe Superior Court affirming tbe-order of tbe municipal court removing tbe cause to Randolph County,, and said judgment is therefore

Affirmed.

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Schenck, J.

The appeal was properly taken to the Superior Court of Guilford County. Subsection (j), section 5, chapter 699, Public-Local Laws 1927.

At the time the municipal court of the city of High Point heard the motion for and entered the order of removal the action instituted against the defendants Sanger et al., constituting the partnership of Lyon Mercantile Agency or Lyon Furniture Mercantile Agency, had, under special appearances, been dismissed for want of service, and the demurrer filed by the defendant Eshelman had been sustained. No exception was taken to the order of dismissal or the order sustaining the demurrer. Hence, when the order of removal was heard by the municipal court the only parties before the court were the plaintiffs, nonresidents of the State, and the defendant Cranford Furniture Company, a corporation with its principal place of business in Randolph County. The Cranford Furniture Company made demand in writing for removal to the county of its residence (Randolph County, C. S., 466) before its time for answering expired. Whereupon it became the duty of the court to grant *726 tbe demand, C. S., 469, 470; Roberts v. Moore, 185 N. C., 254; Jones v. Statesville, 97 N. C., 86; Mfg. Co. v. Brower, 105 N. C., 440.

We see no error in tbe judgment of tbe Superior Court affirming tbe-order of tbe municipal court removing tbe cause to Randolph County,, and said judgment is therefore

Affirmed.

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6 S.E.2d 494, 216 N.C. 724, 1940 N.C. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-sanger-nc-1940.

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