Interstate Cooperage Co. v. Eureka Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from an order removing tbis cause for trial to tbe county of Beaufort. Tbe motion was made at tbe return term, before tbe time to answer bad expired, April Term, 1909, Superior Court of Pamlico County, tbe Hon. Charles M. Coolce, Judge, presiding. Tbe facts are stated in tbe opinion of tbe Court.
1Opinion of the CourtBeowN, J.
Tbis motion was beard upon affidavits presented by botb parties, and tbe record of tbe cause, at chambers in New ■ Bern, on 13 May, 1909. Tbe judge made tbe following finding of facts:
1. Tbe court finds that tbis is an action to recover damages for an alleged trespass by tbe defendant by cutting timber upon lands claimed by tbe plaintiff.
2. That tbe lands described in the complaint are claimed by the plaintiff under one deed, and that said lands, as located by the plaintiff, lie partly in the counties of Pamlico and Beaufort.
3. That the portion of the lands upon which the defendant has…
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