Williams v. Southern Bell Telephone & Telegraph Co.
Supreme Court of North Carolina
This is a civil ACTION for alleged injury to the plaintiff, sustained through the negligence of defendant, heard before Doyhin, J., at September Term, 1894, of New HaNovee Superior Court. Summons issued on the 1st day of March, 1894, returnable to April Term, 1894, of New Hanover Superior Court.
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This is a civil ACTION for alleged injury to the plaintiff, sustained through the negligence of defendant, heard before Doyhin, J., at September Term, 1894, of New HaNovee Superior Court. Summons issued on the 1st day of March, 1894, returnable to April Term, 1894, of New Hanover Superior Court. This Court, according to law, should have commenced on the 15th day of April, 1894, but owing to tlie absence of the Judge it did not in fact commence until the 17th, and adjourned on the evening of the 20th. Plaintiff filed his complaint on the 17th day of April, and defendant on the 15th day of…
1Opinion of the CourtFukohes, J.
(after stating the case) : We do not think the defendant’s first exception, based upon the refusal to remove the case to the Circuit Court for trial, can be sustained. In defendant’s application to remove the ease two grounds are alleged: First, A diversity of citizenship— that plaintiff is a citizen of North Carolina, and the defendant a citizen of New York; and Secondly, The ground of local prejudice.
This ground of local prejudice should have been made to the Circuit Court, if made at all. The State Court had no right to entertain or consider a motion for removal, based upon this ground.…
2Cases cited6 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1893
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Egerton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Summerrow v. Baruch.Supreme Court of North Carolina · 1901
7 more not listed; retrieve them via the Exa API.