From Casetext: Smarter Legal Research

Brendle v. Stafford

Supreme Court of North Carolina
May 1, 1957
97 S.E.2d 843 (N.C. 1957)

Opinion

Filed 8 May, 1957.

1. Venue 1a — Where, in an action for personal injuries, the evidence supports the court's finding that at the time the action was instituted and summons issued and served on defendant, defendant was a resident of the county, defendant's motion to remove as a matter of right is properly denied. G.S. 1-82.

2. Venue 4b — A motion to remove for the convenience of parties and witnesses is addressed to the discretion of the court.

APPEAL by defendant Thurman Smith from Olive, J., 18 March, 1957 Civil Term, GUILFORD Superior Court (High Point Division).

J. F. Motsinger for defendant Thurman Smith, appellant.

J. W. Clontz for plaintiff, appellee.


This is a civil action to recover damages for personal injury. The defendant Thurman Smith made a motion to remove the cause to Forsyth County for trial as a matter of right upon the grounds (1) the injury occurred in Forsyth or Davidson County, (2) the plaintiff resides in Davidson County, the defendants reside in Forsyth County. The defendant also asked that the cause be removed to Forsyth County for convenience of parties and witnesses.

Upon the evidence offered by affidavit, the court found as a fact that the defendant Richard Stafford, at the time suit was brought and process served, was a resident of Guilford County. The court denied the motion to remove. From the refusal, the defendant Thurman Smith appealed, assigning errors.


The evidence, though conflicting, was amply sufficient to support the finding that the defendant Stafford was a resident of Guilford County at the time the action was instituted. An action such as this may be brought in the county where the plaintiffs or the defendants, or any one of them, had residence at the time summons was issued. G.S. 1-82. Removal for convenience is discretionary.

Affirmed.


Summaries of

Brendle v. Stafford

Supreme Court of North Carolina
May 1, 1957
97 S.E.2d 843 (N.C. 1957)
Case details for

Brendle v. Stafford

Case Details

Full title:FRANCES HILLIARD BRENDLE, BY HER NEXT FRIEND, HOMER L. BRENDLE, v. RICHARD…

Court:Supreme Court of North Carolina

Date published: May 1, 1957

Citations

97 S.E.2d 843 (N.C. 1957)
97 S.E.2d 843

Citing Cases

Piner v. Truck Rentals

A motion for change of venue for the convenience of witnesses and to promote the ends of justice is addressed…

Bass v. Bass

It is elementary law that the residence of the parties at the time of the institution of the action is…