Foreman-Blades Lumber Co. v. Tunis Heading & Stave Co., 196 N.C. 38 (1928)

Sept. 12, 1928 · Supreme Court of North Carolina

196 N.C. 38

FOREMAN-BLADES LUMBER COMPANY v. TUNIS HEADING AND STAVE COMPANY.

(Filed 12 September, 1928.)

Venue — Nature or Subject of Action.

An action for wrongful conversion of severed timber is not removable as a matter of right to the county in which the land from which the trees were severed is situated.

Appeal by defendant from Barnhill, J., at March Term, 1928, of PASQUOTANK.

W. D. Boone for appellant.

McMullan, & LeBoy for appellee.

Per Curiam.

As we interpret the amended complaint the alleged cause of action is the wrongful conversion of timber, situated on land in Gates County, after the trees had been cut and sawed into lumber. In apt time the defendant made a motion to change the place of trial from Pasquotank to Gates. C. S., 470; Dixon v. Haar, 158 N. C., 341. The motion was denied, and the defendant excepted and appealed. The judgment denying the motion is free from error. Cedar Works v. Lumber Co., 161 N. C., 604. Judgment

Affirmed.