Staton v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
MotioN of defendant to remove a civil cause from the State to the Federal Court, beard before Coolce, Jin the Superior Court of Edgecombe County, October Term, 1906. From a judgment refusing the motion, defendant appealed.
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MotioN of defendant to remove a civil cause from the State to the Federal Court, beard before Coolce, Jin the Superior Court of Edgecombe County, October Term, 1906. From a judgment refusing the motion, defendant appealed. The plaintiff alleged that during the year 1760 one Joseph ITowell conveyed to trustees a tract of land to be laid off into streets and lots for the purpose of establishing a town; that a town common of not less than fifty acres should be reserved for the use of the citizens of said town; that thereafter the said land was surveyed and streets and lots laid off, and fifty…
1Opinion of the Court
Connor, J.,
after stating the case: The record presents •two questions for decision: 1. Is the defendant Coast Line Railroad Company, of Virginia, a foreign corporation ? 2. Is the controversy, set out in the complaint, separable as between the plaintiff ,and the two corporations? It will be convenient to dispose of the second question first. The Removal Act of 1887, sec. 2, provides that only those suits may be removed, by reason of diverse citizenship, when the controversy is wholly between citizens of different States. A large number of decisions are to be found in the State and Federal…
2Cases cited14 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Torrence v. SheddSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Muller v. DowsSupreme Court of the United States · 1876
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3Cited by29 opinions
- Lutz Industries, Inc. v. Dixie Home StoresSupreme Court of North Carolina · 1955
- State ex rel. Utilities Commission v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1976
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- State v. . R. R.Supreme Court of North Carolina · 1906
- Trust Co. v. . R. R.Supreme Court of North Carolina · 1936
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