Sellars Hosiery Mills v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant, Atlantic Coast Line Eailroad Company, from Kerr, J., at May Term, 1917, of AxamaNCe. Tbis action was begun against tbe Southern. Eailway Company for the sum of $14 and interest from 23 May, 1916, under Eevisal, 2632, for failure to transport and deliver within a reasonable time a shipment of yarns from Weldon, N. O., to Burlington, N. O. Judgment was rendered by the justice against the Southern Eailway .Company for $14, and it appealed.
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Appeal by defendant, Atlantic Coast Line Eailroad Company, from Kerr, J., at May Term, 1917, of AxamaNCe. Tbis action was begun against tbe Southern. Eailway Company for the sum of $14 and interest from 23 May, 1916, under Eevisal, 2632, for failure to transport and deliver within a reasonable time a shipment of yarns from Weldon, N. O., to Burlington, N. O. Judgment was rendered by the justice against the Southern Eailway .Company for $14, and it appealed. When the case was called in the Superior Court the court ordered that the Atlantic Coast Line Eailroad Company be made a codefendant, and…
1Dissent
BkowN, J\,
dissenting: This action was brought in a justice’s court against the Southern Railway to recover a penalty imposed by the statute for delay in transporting freight over its line from Selma to Burlington. An appeal was taken by the Southern Railway to the Superior Court. That court entered an order making the Atlantic Coast Line a party defendant and directing a summons to issue. The Coast Line appeared and moved to dismiss the proceeding as to it—
1. Because it is not a necessary or proper party.
2. Because the Superior Court had no jurisdiction.
I am of opinion that the motion should,…
2Cases cited12 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- McLaurin v. McIntyreSupreme Court of North Carolina · 1914
- Ijames v. . McClamrochSupreme Court of North Carolina · 1885
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