GARDNER v. GARDNER

No. 798DC262.

260 S.E.2d 116 (1979)

43 N.C. App. 678

Rose D. GARDNER v. Jonas Melvin GARDNER.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Freeman, Edwards & Vinson by George K. Freeman, Jr., Goldsboro, for plaintiff-appellant.

Mast, Tew, Nall & Moore by George B. Mast, Smithfield, for defendant-appellee.

Taylor, Warren, Kerr & Walker by Lindsay C. Warren, Jr., Goldsboro, for defendant-appellee.


HILL, Judge.

From the outset, it is clear that the language of the amendment is mandatory. If the defendant makes the motion for change of venue, the judge shall grant it.

Furthermore, it is clear that the amendment to G.S. 50-3 is retroactive. "[S]tatutes or amendments pertaining to procedure are generally held to operate retrospectively, where the statute or amendment does not contain language clearly showing a contrary intention." (Citations omitted.) ...

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