Hurst v. Southern Railway Co.
Supreme Court of North Carolina
■Appeal by plaintiff from Long, J., at October Term, 1912, of SwaiN. This is a motion, to remove tbe' action from tbe Superior Court of Swain County to tbe Federal Court upon tbe ground tbat tbe defendant is a Virginia corporation. Tbe motion was allowed, and tbe plaintiff excepted and appealed.
1Dissent
'Walker, J.,
dissenting: While hesitating always to disagree with my brethren of tbe majority, for whose opinion I entertain tbe most deferential respect, my mind is so thoroughly convinced of tbe error in tbis case tbat I cannot withhold my dissent to their view. Tbe action was brought to recover accumulated penalties to tbe amount of $14,050, for failure to receive and ship 6% bushels of Irish potatoes from Wesser Creek Station, North Carolina, to Bushnell, N. C. We are not concerned now with tbe merits of tbis demand, as tbe amount stated, if recoverable, is certainly sufficient to justify…
2Cases cited20 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
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