Legal Opinion

McNeal Pipe & Foundry Co. v. Howland

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 3 opinions

Removal of Actions to Federal Courts — Jurisdiction. MotioN to Remove the action to Federal Court for trial, heard before Merrimon, J., at January Term, 1888, of Dur-HAM Superior Court.

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Removal of Actions to Federal Courts — Jurisdiction. MotioN to Remove the action to Federal Court for trial, heard before Merrimon, J., at January Term, 1888, of Dur-HAM Superior Court. The action is upon a contract entered into between the plaintiff, a corporation formed under the laws of the State of ISIew Jersey, and the defendant A. H. Howland, a citizen and a resident of the State of Massachusetts, to recover damages for the breach thereof, in the non-payment of goods sold and delivered, and is prosecuted against the other defendant, The Durham Water Company, a corporation created and…

1Opinion of the Court

Smith, 0. J.,

(after stating the case). The Act of Congress approved on March 3, 1887, and amendatory of that of March 3, 1875, makes important changes in the law which authorizes the transfer of causes pending in a State Court to the United States Circuit Court for trial. It confines the right to apply for and obtain a removal to non-resident defendants, the plaintiff having elected to bring his action in the jurisdiction of a State Court, the sum in controversy must be more than $2,000 instead of $500, the former limit, exclusive of interest and costs; the application must be made at or…

2Cases cited3 opinions

  1. Ayres v. WiswallSupreme Court of the United States · 1884
  2. St. Louis & San Francisco Railway Co. v. WilsonSupreme Court of the United States · 1885
  3. Fitzgerald v. . AllmanSupreme Court of North Carolina · 1880

3Cited by3 opinions

  1. Pruett v. Charlotte Power Co.Supreme Court of North Carolina · 1914
  2. First Nat. Bank v. Merchants' BankU.S. Circuit Court for the Northern District of Georgia · 1888
  3. Bowley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892

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