United States Ex Rel. State v. Douglas
Supreme Court of North Carolina
Petition to remove an action pending in Wake Superior Court to the Circuit Court of tire United States, heard by Brown, J., at February Term, 1893, of Wake Superior Court.
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Petition to remove an action pending in Wake Superior Court to the Circuit Court of tire United States, heard by Brown, J., at February Term, 1893, of Wake Superior Court. The petition was as follows : “The petition of Robert' M. Douglas, a citizen of North Carolina, respectfully showeth: That he is a defendant in the above entitled action, and that the matter and amount therein in dispute largely exceeds, exclusive of interest and costs, the sum or value of two thousand dollars. “That this action is returnable to the present term of this Court, at which term this defendant is required to…
1Opinion of the Court
MacRae, J.:
This is a petition of the defendant Robert M. Douglas to remove into the Circuit Court of the United States, under the provisions of chapter 886, Acts of 1888 (25th Stat. at Large), a civil action brought in the Superior Court of Wake County against the sureties alone upon the bond of a receiver appointed by the Circuit Court of the United States for the Eastern District of North Carolina.
1. Is the cause removable because the United States is a party ?
It was held in State of Maryland for the use of Markley v. Baldwin et al., 112 U. S., 490, that the State was only a formal…
2Cases cited4 opinions
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Carson v. DunhamSupreme Court of the United States · 1887
- Provident Savings Life Assurance Society v. FordSupreme Court of the United States · 1885
- PUTNAM & Another v. INGRAHAMSupreme Court of the United States · 1885
3Cited by4 opinions
- Abbott Ex Rel. Abbott v. HancockSupreme Court of North Carolina · 1898
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Clay v. StateCourt of Appeals of Georgia · 1920
- Faison v. . HardySupreme Court of North Carolina · 1894