Supreme Court of North Carolina, 1930

McCue v. . Times-News Co.

McCue v. . Times-News Co.
Supreme Court of North Carolina · Decided December 10, 1930 · Oueiam
156 S.E. 129; 199 N.C. 802; 1930 N.C. LEXIS 260 (South Eastern Reporter)

McCue v. . Times-News Co.

Opinion of the Court

Pee Oueiam.

The plaintiff brought suit in Buncombe County to recover damages for alleged libel. The defendant is a domestic corporation having its principal office and place of business in Hendersonville, Henderson County, and in apt time made a motion to remove the cause to the county of Henderson. The motion was granted-, the plaintiff excepted and appealed.

*803 For the purpose of suing and being sued the principal place of business of a domestic corporation is its residence. C. S., 466. If the plaintiff is a nonresident of the State, the residence of the defendant is the proper venue in actions of this kind. C. S., 469; Southern Cotton, Oil Company v. Grimes, 183 N. C., 97.

The trial court found as a fact from the evidence that the plaintiff is not a resident of Buncombe County and is a nonresident of the State. The appellate court is bound by this finding. Judgment

Affirmed.

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