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CHEEK v. HIGGINS

No. 8418SC1010.

331 S.E.2d 712 (1985)

Jerry Lee CHEEK v. Annie Laurie Felder HIGGINS.

Court of Appeals of North Carolina.

July 16, 1985.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff-appellant.

Adams, Kleemeier, Hagan, Hannah & Fouts by Joseph W. Moss and David A. Senter, Greensboro, for defendant-appellee.

PARKER, Judge.

Plaintiff assigns as error the trial court's granting of defendant's motion to change venue pursuant to G.S. 1-83 and Rule 12(b)(3) of the N.C. Rules of Civil Procedure.

General Statute 1-83 provides:

If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of answering expires, demands in writing that the trial be conducted...

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