Herndon v. . Insurance Co.
Supreme Court of North Carolina
This was a motion, heard before Boylcin, J, at January Term, 1891, of Durham Superior Court. The defendant filed its petition in the action within the time allowed by law, praying that the same be removed to the Circuit Court of the United States in and for the Western District of North Carolina, as allowed by law in appropriate cases.
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This was a motion, heard before Boylcin, J, at January Term, 1891, of Durham Superior Court. The defendant filed its petition in the action within the time allowed by law, praying that the same be removed to the Circuit Court of the United States in and for the Western District of North Carolina, as allowed by law in appropriate cases. That petition failed to allege, and it did not appear, that one of the plaintiffs was a citizen of this State, that the others were citizens of another State, and the defendant was a citizen of a third and different State at the time the action began, and the…
1Opinion of the Court
MekrijioN, C. J.:
No doubt the Court below might, in its discretion, have allowed such amendment as that prayed for, if a proper motion for the purpose had been made in apt time; but it is questionable whether such motion could have been allowed after the lapse of the time within which application might be made to remove the case to the Circuit Court of the United States. We need not, however, decide how this might be, because the application to so remove the case was denied, the defendant appealed to this Court from the order of denial and the latter Court affirmed the order. Thus the…
2Cases cited8 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Jones v. . ThorneSupreme Court of North Carolina · 1879
- Wilson v. . LinebergerSupreme Court of North Carolina · 1880
- Dobson v. . SimontonSupreme Court of North Carolina · 1888
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3Cited by3 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Tussey v. . OwenSupreme Court of North Carolina · 1908
- Powell v. . WatkinsSupreme Court of North Carolina · 1916