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McCRARY STONE SERVICE, INC. v. LYALLS

No. 8528SC264.

336 S.E.2d 103 (1985)

McCRARY STONE SERVICE, INC. a North Carolina Corporation v. James Arvil LYALLS and Barbara A. Lyalls.

Court of Appeals of North Carolina.

November 19, 1985.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Russell P. Brannon, Asheville, for plaintiff-appellee.

Roberts, Cogburn, McClure & Williams by James W. Williams and Isaac N. Northup, Jr., Asheville, for defendant-appellants.

WHICHARD, Judge.

Defendants' sole contention is that the court erred in denying their motion for change of venue as a matter of right under N.C.Gen.Stat. 1-76. We disagree.

Since our Declaratory Judgment Act (N.C.Gen.Stat. 1-253 et seq.) contains no provisions regarding venue, the venue statutes and principles generally applicable to civil actions should govern venue of an action for declaratory relief. 22 Am. Jur.2d, Declaratory Judgments Sec. 77 at...

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