LEE v. POSTON

No. 531.

64 S.E.2d 835 (1951)

233 N.C. 546

LEE v. POSTON et al.

Supreme Court of North Carolina.

May 2, 1951.


Attorney(s) appearing for the Case

Henry L. Strickland, Charlotte, and Kenneth D. Thomas, Hickory, for plaintiff, appellee.

Russell W. Whitener, Newton, and Eddy S. Merritt, Hickory, for defendants, appellants.


ERVIN, Justice.

The appeal presents a question of venue. The plaintiff asserts that the general statutory provision set forth in G.S. § 1-82 allows him to bring the action in Mecklenburg County, where he resides, whereas the defendants contend that the special statutory provision embodied in G.S. § 1-77 localizes the action in Catawba County, where it arose.

Under G.S. § 1-77, an action "Against a public officer * * * for an act done by him...

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