Ferris v. Southern Railway Co.

Tbe acknowledged rale in tbis jurisdiction in regard to removal upon tbe ground of fraudulent joinder is tbus declared by Stacy, G. J., in Crisp v. Fibre Co., 193 N. C., 77: “TJpon tbe filing of sucb petition, in apt time, wben tbe fraudulent joinder is sufficiently alleged, tbe suit or action must be removed to tbe Federal Court, and if tbe plaintiff desires to traverse tbe jurisdictional facts, be must do so in tbat tribunal on motion to remand.” Smith v. Quarries Co., 164 N. C., 338.

It is further established law tbat: “If tbe facts alleged in tbe petition, taken to be true, show tbat tbe…