WIGGINS v. FINCH

No. 91.

61 S.E.2d 72 (1950)

232 N.C. 391

WIGGINS v. FINCH et al.

Supreme Court of North Carolina.

September 27, 1950.


Attorney(s) appearing for the Case

Lucas & Rand and Z. Hardy Rose, Wilson, for John L. Wiggins, Jr., administrator.

Connor, Gardner & Connor, Wilson, for Horace Finch.

Paul B. Edmundson, Dees & Dees, Fred P. Parker, Jr., and James N. Smith, all of Goldsboro, for Branch Banking & Trust Co.


DENNY, Justice.

The appellant is not entitled to an abatement of this action, even though it be conceded it was instituted in the wrong county. It has been repeatedly held that our statutes relating to venue are not jurisdictional, and that if an action is instituted in the wrong county it should be removed to the proper county, and not dismissed, if the motion for removal is made in apt time, otherwise the question of venue will be waived. G.S. § 1-83; Davis...

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