Swann v. . Myers
Supreme Court of North Carolina
MotioN to remove the Cause heard at Spring Term, 1878, of Comlubus Superior Court, before Eure, J. The material facts appear in the opinion. His Honor refused the motion and the defendant appealed. (See same case, 75 N. C. 585.)
1Opinion of the CourtRodman, J.
This is a motion by Myers one of the defendants to remove the action to the Circuit Court of the United States for trial upon the ground of prejudice or local influence, under the act of the 2nd of March, 1867: (Rev. Stat. of U. S., § 639, and 2 Abbott Prac. 39). All the plaintiffs-are citizens and residents of North Carolina, as are all the defendants except Myers who is a citizen and resident of New York. If Myers were the only defendant there would be no objection to granting his motion. We understand it to be settled however by the cases of the Sewing Machine Co., 18 Wall. 553, Vanever v.…
2Cases cited3 opinions
- Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
- Vannevar v. BryantSupreme Court of the United States · 1874
- Swann v. . MyersSupreme Court of North Carolina · 1876