Dills v. Champion Fiber Co.
Supreme Court of North Carolina
Civil actioN, beard on motion to remove tbe cause for diversity of citizenship to the Federal court, before Webb, J., at May Term, 1917, of JACKSON.
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Civil actioN, beard on motion to remove tbe cause for diversity of citizenship to the Federal court, before Webb, J., at May Term, 1917, of JACKSON. The facts relevant to the question presented, and the judgment of his Honor thereon denying the motion, are as follows: 1. That the summons in the above-entitled cause was duly issued on 25 January, 1917, as appears by the- endorsement thereon, and was served upon the defendant company on 26th January and on the defendant W. R. Smith on the same date. 2. That under the rules of court, the next term of the Superior Court of Jackson County convened…
1Opinion of the CourtHoke, J.
The Federal statute as to a defendant’s right to remove a cause for diversity of citizenship (Fed. Judicial Code, see. 29) requires that such motion shall be made at or before the time for answering expires as fixed by the laws of the State or by rule of the State courts “in which said suit is instituted and pending.”
This term “rule of court” appearing in the statute has reference to a standing rule having the force of law (Mecke v. Mineral Co., 122 N. C., 790-97; Fox v. R. R., 80 Fed., 945), and the decisions- in this State interpreting the statute are to the effect that where the time to…
2Cases cited6 opinions
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Fox v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1897
- Bryson v. RailroadSupreme Court of North Carolina · 1906
- Ford v. Pigeon River Lumber Co.Supreme Court of North Carolina · 1911
- Hyder v. Southern Railway Co.Supreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wood v. Pynetree Paper Co.Court of Appeals of Georgia · 1922
- Springs v. . HopkinsSupreme Court of North Carolina · 1916
- Butler v. Armour & Co.Supreme Court of North Carolina · 1926
- Powell v. . Assurance SocietySupreme Court of North Carolina · 1924