Scott Drug Co. v. Patterson, 198 N.C. 548 (1930)

April 2, 1930 · Supreme Court of North Carolina
198 N.C. 548
SCOTT DRUG COMPANY v. MRS. N. A. PATTERSON

SCOTT DRUG COMPANY v. MRS. N. A. PATTERSON.

(Filed 2 April, 1930.)

Venue C a — Removal of receivership action from county of defendant’s residence for creditoi*s’ convenience is erroneous.

Where an action in the nature of a creditors’ bill and for the appointment of a receiver is brought in the county wherein the defendant resides, and a temporary receiver is therein appointed, upon the hearing at *549chambers in another county wherein the temporary receivership is made permanent, an order removing the cause to the county of the hearing for the convenience of a large number of creditors is improvidently made, and that part of the judgment will be stricken out on appeal.

Appeal by defendant from Hams, J., at January Term, 1930, of ORANGE. ‘f

Civil action in the nature of a creditors’ bill and for the appointment of a receiver.

The action was instituted in the Superior Court of Orange County 7 January, 1930, and on the following day a temporary receiver was appointed and the defendant required to appear in Durham, before Hon. ~W. C. Harris, at Chambers, on 17 January, 1930, and show cause why the temporary receivership should not be continued.

Thereafter, at the hearing in Durham, the receivership was made permanent, and the cause ordered removed from Orange County to Durham County “for the convenience of a large number of the creditors and attorneys for creditors,” and to he consolidated with another cause pending in the Superior Court of the latter county. The plaintiff is a corporation with its principal place of business in Mecklenburg County, while the defendant is a resident of Orange County.

The defendant appeals from the order of removal, assigning same as error.

No counsel appearing for plaintiff.

H. A. Whitfield and Gattis & Gattis for defendant.