Hyder v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at October Terra, 1914, of HeN-DERSON. This was a civil action beard on a motion to remove tbe cause to the District Court of the United States for the Western District of North Carolina. The summons was issued 12 May, 1914, returnable on the twelfth Monday after the first Monday in March, 1914, towit, 25 May, 1914. The summons was served 12 May, 1914, on the defendant.
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Appeal by defendant from Webb, J., at October Terra, 1914, of HeN-DERSON. This was a civil action beard on a motion to remove tbe cause to the District Court of the United States for the Western District of North Carolina. The summons was issued 12 May, 1914, returnable on the twelfth Monday after the first Monday in March, 1914, towit, 25 May, 1914. The summons was served 12 May, 1914, on the defendant. At the May term of the court, 28 May, 1914, the defendant moved to dismiss the action for failure of the plaintiff to file the complaint within the first three days of the term. This motion…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant certainly did all that it could, under the law, to preserve its right of removal. It objected to the enlargement of time to plead. Could it do more? If the court ruled against its objection, it surely was not in fault. The plaintiff was delinquent even after receiving this favor from the court, as he did not file his complaint until after the extended time had expired. The defendant filed its written notice to remove witb sufficient promptness, just thirty days after the complaint was filed. The answer was not due until the end of the ensuing…
2Cases cited7 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Herrick v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1912
- Carolina Coal & Ice Co. v. Southern Railway Co.Supreme Court of North Carolina · 1907
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3Cited by5 opinions
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Dills v. Champion Fiber Co.Supreme Court of North Carolina · 1917
- Little Sandy Cooperage Co. v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Brown v. Rhinehart Bros.Supreme Court of North Carolina · 1893
- North Carolina Public Service Co. v. Southern Power Co.Supreme Court of North Carolina · 1920