PLAINTIFF’S APPEAL.
The action ivas improperly removed to the county of Lee, as it is an action for an accounting, and the ownership of the notes and bonds was only raised incidentally.
The ease of Woodard v. Sauls, 134 N. C., 274, is directly in point. In that case it was alleged that the defendant was indebted to the plaintiff by promissory notes and for further large sums, and that, to secure such indebtedness, had turned over to the plaintiff sundry notes; that the defendant afterwards got possession of a portion of said notes, to be collected by him as agent of the plaintiff and applied on said indebtedness, which the defendant had not done, and that the defendant got possession of another portion of said collaterals surreptitiously, without the knowledge or consent of the plaintiff, and retained the same, to recover which notes plaintiff sued out the ancillary proceeding of claim and delivery; and it was held that where the recovery of personal property is not the sole or chief relief demanded, an action need not necessarily be brought in the county in which the property is located, and that the action, ought not to be removed.
This case is not in conflict with Brown v. Cogdell, 136 N. C., 32, and Edgerton v. Games, 142 N. C., 223, as in the first of these eases the only question involved was the ownership of certain furniture, and in the second a separate and distinct cause of action was alleged in the complaint for the recovery of a horse.
The order removing the action to the county of Lee is
Reversed.
*215DEPENDANT’S appeal.
Tbe objection to tbe order continuing tbe restraining order is upon tbe ground tbat, as tbe action bad been removed to tbe county of Lee, tbe judge bolding tbe court of tbe county of Cumberland was without jurisdiction.
In our opinion, bis Honor bad tbe power to make tbe order, notwithstanding tbe removal, as tbe court bad jurisdiction until tbe action was removed (Comrs. v. Lemly, 85 N. C., 341) ; but it is unnecessary to decide tbe question, as we have held upon tbe plaintiff’s appeal tbat tbe action was properly constituted in tbe county of Cumberland.
Affirmed.