Heuser v. Heuser
| Decision Date | 17 October 1951 |
| Docket Number | No. 310,310 |
| Citation | 67 S.E.2d 57,234 N.C. 293 |
| Court | North Carolina Supreme Court |
| Parties | HEUSER, v. HEUSER. |
Charles L. Abernathy, Jr., New Bern, for plaintiff, appellee.
Jones, Reed & Griffin, Kinston, for defendant, appellant.
Subsequent to divorce decree entered in Pitt Superior Court dissolving the bonds of matrimony between the plaintiff and defendant, the plaintiff moved for the custody of two children born of the marriage. After hearing evidence and finding facts, custody was awarded plaintiff. Subsequently defendant moved before the resident judge at Snow Hill in Greene County that custody of the children be awarded to her. Upon facts found custody was again awarded to the plaintiff.
Defendant's exception to the order on the ground that Snow Hill was not the proper place is without merit, as the hearing at that place was held on defendant's motion and both parties appeared there with counsel and joined issue. Patterson v. Patterson, 230 N.C. 481, 53 S.E.2d 658, is not in point. The evidence heard supported the findings and justified the order appealed from.
Judgment affirmed.
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Joyner v. Joyner, 233
...the judge regularly holding the courts, is bound by the judgment entered. Griffin v. Griffin, 237 N.C. 404, 75 S.E.2d 133; Heuser v. Heuser, 234 N.C. 293, 67 S.E.2d 57; Pate v. Pate, 201 N.C. 402, 160 S.E. 450. The Griffin case involved custody Pending the defendant's appeal to this Court f......
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...to the hearing before Judge Bone and is bound by the judgment rendered. Decision here is controlled by what was said in Heuser v. Heuser, 234 N.C. 293, 67 S.E.2d 57. See also Collins v. North Carolina State Highway & Public Works Commission, N.C., 74 S.E.2d 709 and Pate v. Pate, 201 N.C. 40......
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...the court may be changed by consent of the parties, express or implied. Griffin v. Griffin, 237 N.C. 404, 75 S.E.2d 133; Heuser v. Heuser, 234 N.C. 293, 67 S.E.2d 57; Bisanar v. Suttlemyre, 193 N.C. 711, 138 S.E. 1; 56 Am.Jur., Venue, Sec. 43. Also, a litigant's rights as to venue may be wa......
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