Barfield v. Southern Cotton Oil Co.
Barfield v. Southern Cotton Oil Co.
Opinion of the Court
The opinion of the Court was delivered by
An action against a foreign corporation and a resident of this State, in which the venue is laid in a county other than that of the resident of the State, should, on his motion, be tranferred to the county of his residence for trial. Code, Sec. 146.
Affirmed.
Reference
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- Syllabus
- 1. Foreign Corporation — Resident—Venue.—An action against a foreign corporation and a resident of this State, in which the venue is laid in a county other than that of the resident, should,, on his motion, be transferred to the county of his residence for trial. 2. Pleading — Jurisdiction—Waiver.—When an action is brought in the wrong county, answering to the merits to keep from being adjudged in default, subject to motion to transfer to county of residence, previously noticed, is not a voluntary submission to the jurisdiction of the Court, or a waiver of his right to press his motion to transfer, where the appearance is special and the right to make the motion is expressly reserved.