Bryson v. Railroad
Supreme Court of North Carolina
ActioN by E.L. Bryson against tbe Southern Railway Co., pending in tbe Superior Court of Jackson County, and beard by Judge Walter PL. Neal upon defendant’s motion to remove tbe cause to tbe Circuit Court of tbe United States. Tbe petition to remove was filed on tbe 4tb day of December, 1905, before Judge Neal, then presiding in the courts of tbe Sixteenth Judicial District. His Honor denied tbe motion and defendant appealed.
1Opinion of the CourtBrown, J.
The summons was duly returned to Jackson Superior Court, convening on May 22, 1905. At that term tbe court made an order giving plaintiff ninety days to file complaint and tbe defendant ninety days thereafter to answer. There was no exception taken to this order. On September 27, 1905, tbe plaintiff filed bis complaint demanding $25,000 damages. It is contended that until tbe filing of a complaint defendant bad no notice that a sum over $2,000 would be demanded, thus bringing tbe case within the jurisdiction of the Circuit Court of the United States, and therefore could not file his petition…
2Cases cited2 opinions
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
3Cited by8 opinions
- Patterson v. Champion Lumber Co.Supreme Court of North Carolina · 1917
- Burton v. SmithSupreme Court of North Carolina · 1926
- Ford v. Pigeon River Lumber Co.Supreme Court of North Carolina · 1911
- Burton v. . SmithSupreme Court of North Carolina · 1926
- Dills v. Champion Fiber Co.Supreme Court of North Carolina · 1917
3 more not listed; retrieve them via the Exa API.