Lucas v. Carolina Central Railway Co.

Citations

• 29 S.E. 414
• 122 N.C. 937
• 1898 N.C. LEXIS 372

Syllabus

<p>Action for Damages for Breach of Contract — Compromise Judgment — Injuries-to Real Estate — Variance— Venue.</p> <p>1. An error as to the venue of an action is not now, as formerly, a defect affecting jurisdiction hut only ground for a motion to remove which is waived unless the motion is made '‘in writing” and “before the time for answering expires.”</p> <p>2. In an action for breach of a compromise judgment entered in an action ' for damages to real estate in one county, there can be no recovery for damages to a different tract of land lying in an adjoining county which was not within the contemplation of the parties when the compromise was made.</p>