COLLYER v. BELL

No. 7129DC625.

184 S.E.2d 414 (1971)

12 N.C. App. 653

William COLLYER and wife, Martha Ann Collyer v. Hugh BELL and wife, Irene Bell.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Redden, Redden & Redden by Monroe M. Redden, Jr., Hendersonville, for plaintiff appellees.

Prince, Youngblood, Massagee & Groce by Edwin R. Groce, Hendersonville, for defendant appellants.


MORRIS, Judge.

From the outset it is noted that the property in question was located in Polk County, plaintiffs' residence, but the suit was brought in Henderson County, defendants' residence. G.S. §§ 1-76 to 1-83 relate to venue, not jurisdiction, and provide that an objection to the wrong venue is waived if not made in apt time. Defendants made no objection to venue in apt time and thus waived the right. Mitchell...

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