HERRING v. QUEEN CITY COACH CO.

No. 742.

57 S.E.2d 307 (1950)

231 N.C. 430

HERRING v. QUEEN CITY COACH CO.

Supreme Court of North Carolina.

February 3, 1950.


Attorney(s) appearing for the Case

Bell & Horton Pittsboro, For Plaintiff Appellee.

R. M. Gantt Durham, For Defendant Appellant.


PER CURIAM.

The right to the benefits of the provisions of G.S. § 1-78, as to venue for "actions against executors and administrators in their official capacity" would seem to rest with the executor or administrator as the case may be. Such right does not exist as to third parties. Hence, the court properly denied defendant's motion for the removal of the action.

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