{
  "id": 8613614,
  "name": "W. B. ELLIS v. W. B. ELLIS, Jr., Executor",
  "name_abbreviation": "Ellis v. Ellis",
  "decision_date": "1930-11-12",
  "docket_number": "",
  "first_page": "708",
  "last_page": "709",
  "citations": [
    {
      "type": "official",
      "cite": "199 N.C. 708"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "198 N. C., 767",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8620332
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/198/0767-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 158,
    "char_count": 2041,
    "ocr_confidence": 0.466,
    "pagerank": {
      "raw": 4.03580807328026e-08,
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    "sha256": "c2fffd7dedebcc3268bbfdad896e3afdc517f99d07d0b8b49dca5a167c9e16c1",
    "simhash": "1:140a1a2b8f54b1dd",
    "word_count": 361
  },
  "last_updated": "2023-07-14T19:48:33.288027+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. B. ELLIS v. W. B. ELLIS, Jr., Executor."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nTbe answer of the defendant, which gave rise to the motion for change of venue, is not in the record, and no brief has been filed by the plaintiff. Besides, the appeal is without merit. It will be dismissed. Waters v. Waters, ante, 667.\nAppeal dismissed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "No counsel for plaintiff.",
      "Manly, Hendren & Wonible for defendant."
    ],
    "corrections": "",
    "head_matter": "W. B. ELLIS v. W. B. ELLIS, Jr., Executor.\n(Filed 12 November, 1930.)\nAppeal and Error E a \u2014 The pleadings are a part of the record proper and when they do not appear therein the appeal will be dismissed.\nUpon an appeal from the denying of a motion of change of venue only on one issue as to insanity, and the answer of the defendant giving rise to the motion not appearing of record and no brief of plaintiff filed, and it further appearing that the appeal is without merit, it will be dismissed. Waters v. Waters, ante, 667.\nAppeal by plaintiff from Stack, J., at September Term, 1930, of Forsyth.\nCivil action to set aside a consent judgment \u2014 the same case that was here at the last term, 198 N. C., 767.\nThe present appeal is from the court\u2019s refusal to transfer the cause to Davie County for trial, \u201cin so far as it involves the m'atter of the sanity of the plaintiff.\u201d\nThe record discloses that the motion for change of venue, on the issue of plaintiff\u2019s alleged insanity, was originally made and denied in the Superior Court of Forsyth, 1 June, 1928. It was renewed at the December Term, 1928, before MacRae, Special Judge, who first entered an order allowing the motion, but struck it out later in the term, reciting that the order of partial removal \u201cwas improvidently issued.\u201d The plaintiff again renewed his motion at the September Term, 1930, before Stack, J., who denied it on two grounds: First, because on a preceding-day of the term, \u201cupon the request of plaintiff and with the consent of counsel for the defendants,\u201d the case had been continued for the term; and, second, because the same motion \u201chad been heard and refused by a former Superior Court.\u201d\nPlaintiff appeals, assigning error.\nNo counsel for plaintiff.\nManly, Hendren & Wonible for defendant."
  },
  "file_name": "0708-01",
  "first_page_order": 776,
  "last_page_order": 777
}