Boyd v. First National Bank of West Jefferson, 199 N.C. 687 (1930)

Nov. 5, 1930 · Supreme Court of North Carolina

199 N.C. 687

BOYD & GOFORTH v. FIRST NATIONAL BANK OF WEST JEFFERSON et al.

(Filed 5 November, 1930.)

Venue A b — Venue of action involving official conduct of municipal officers is county wherein municipality is situate and alleged acts took place.

An action involving the official conduct of the officers of an incorporated town in a certain county has its proper venue in that county, and where the town and others have been made defendants the action is properly removed there from another county.

Appeal by plaintiffs from Finley, J., at July Term, 1930, of Ashe.

Affirmed.

J. F. Flowers for plaintiffs.

T. C. Bowie for defendants.

Per Curiam.

This action was begun in tbe Superior Court of Meck-lenburg County. One of tbe defendants is tbe town of West Jefferson, a municipal corporation in Asbe County. Tbe Superior Court of Meck-lenburg, upon motion made in apt time, removed tbe cause to Asbe County. Thereafter tbe plaintiffs lodged a motion in tbe Superior Court of Asbe.County to remand tbe cause to Mecklenburg. Tbe motion was denied and tbe plaintiffs excepted and appealed. Tbe facts found by tbe trial judge and set out in tbe record fully warrant tbe order refusing tbe plaintiffs’ motion to remand tbe cause. Tbe action involves tbe official conduct of tbe municipal officers of West Jefferson in tbe county of its situs and tbe proper venue is Asbe County. Cecil v. High Point, 165 N. C., 431. Judgment

Affirmed.