36 S.E. 47 | N.C. | 1900
The Code, section 195, provides that if an action is not (508) brought "in the proper county, the action may, not withstanding, be tried therein unless the defendant, before the time of answering expires, demands in writing that the trial be had in the proper county." This gives the defendant a right to remove in such cases upon written motion in apt time (Manufacturing Co. v. Brower,
The further objection that the cause was removed to a county in another judicial district is without ground in the statute, or decisions to support it. The appeal was not premature (Roberts v. Connor,
No error.
Cited: Staton v. R. R.,
(509)