Patterson v. Champion Lumber Co.
Supreme Court of North Carolina
Oivrc ACTION, tried before Adams, J., and a jury at May Term, 1917, of Haywood. Plaintiff alleged that he was employed by defendant as lumber inspector and was required, among other duties, to measure and grade lumber as the same was put upon cars for shipment, he being under the superior authority of Charley Buck and J. O. Orndorff, and subject to their orders, which he was bound to obey.
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Oivrc ACTION, tried before Adams, J., and a jury at May Term, 1917, of Haywood. Plaintiff alleged that he was employed by defendant as lumber inspector and was required, among other duties, to measure and grade lumber as the same was put upon cars for shipment, he being under the superior authority of Charley Buck and J. O. Orndorff, and subject to their orders, which he was bound to obey. He further alleges that while engaged in the performance of his regular duties he was ordered by Charley Buck to leave the place where he was then at work and to transfer some loaded cars from the planing…
1Opinion of the Court
Walker, J.,
after stating tbe ease: First. Tbe court properly refused to remove tbe case to tbe United States Court. In tbe first place, tbe petition was not filed witbin tbe time allowed by law. Tbe summons was returnable to September Term, 1916, and at tbat time an order was made enlarging tbe time for filing pleadings, tbe plaintiff being given 60 days for filing bis complaint, and tbe defendant 60 days thereafter to file answers. Tbe plaintiff filed bis complaint witbin tbe 60 days allowed to bim, but tbe defendant’s answer was not filed until 3 February, 1917, after tbe time given by tbe…
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