Carolina Bagging Co. v. United States Railroad Administration (Southern Railway Co.)
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at June Term, 1922, of VaNce. Tbe plaintiff sued out a warrant before a justice of tbe peace and obtained judgment tbereon 12 November, 1919, for $131.07 against defendant for failure to deliver 75 bundles of cotton ties. From tbis tbe defendant appealed in apt time to tbe Superior Court.
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Appeal by plaintiff from Allen, J., at June Term, 1922, of VaNce. Tbe plaintiff sued out a warrant before a justice of tbe peace and obtained judgment tbereon 12 November, 1919, for $131.07 against defendant for failure to deliver 75 bundles of cotton ties. From tbis tbe defendant appealed in apt time to tbe Superior Court. Tbe defendant named in tbe warrant and judgment was tbe “United States Bailroad Administration (Southern Bailway Company).” At June Term, 1922, of tbe Superior Court, on motion, tbe action was dismissed as to tbe Southern Bailway Company on tbe ground that said defendant…
1Opinion of the Court
Clark:, C. J.
The judgment obtained before the justice of the peace was vacated by the appeal, and the cause of action was pending- for trial de novo in the Superior Court. The motion to dismiss as to the Southern Railway Company was properly allowed (Kimbrough v. R. R., 182 N. C., 235; Wyne v. R. R., ibid., 257), under the authority of the Ault case in the United States Supreme Court.
The United States Railroad Administration, through counsel for James C. Davis, moved also to dismiss the cause under the act of 28 February, 1920, which went into effect 1'March, 1920, and which legislated Walker…
2Cited by6 opinions
- State v. . GoffSupreme Court of North Carolina · 1934
- Davis v. PrestonTexas Supreme Court · 1929
- Brake v. . BrakeSupreme Court of North Carolina · 1948
- Ashford v. . DavisSupreme Court of North Carolina · 1923
- Pridgen v. . LynchSupreme Court of North Carolina · 1939
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