Overton v. Southern Railway Co.

Pee OueiaM.

The petition for removal, in addition to showing the presence of the requisite jurisdictional amount, asserts a right of removal on the grounds of diverse citizenship and fraudulent joinder of the resident defendant.

It appears that no valid cause of action is stated against the resident defendant, city of Salisbury, hence, under Wright v. Utility Co., 198 N. C., 204, 151 S. E., 241, the motion to remove was properly allowed.

Affirmed.