Hall v. Southern Railway Co.
Supreme Court of North Carolina
Civil actioN, heard before Gouncill, Jat August Term, 1907, of the Superior Court of PeesoN County. The plaintiff alleges in his complaint that his intestate, who was a flagman in the defendant’s employ, was killed by the negligence of the defendant, on 11 November, 1905, in the county of Caswell, which is in this State, and that, at the time of his death, he was resident and domiciled in Danville, State of Virginia; that he ivas appointed administrator of the intestate in…
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Civil actioN, heard before Gouncill, Jat August Term, 1907, of the Superior Court of PeesoN County. The plaintiff alleges in his complaint that his intestate, who was a flagman in the defendant’s employ, was killed by the negligence of the defendant, on 11 November, 1905, in the county of Caswell, which is in this State, and that, at the time of his death, he was resident and domiciled in Danville, State of Virginia; that he ivas appointed administrator of the intestate in Virginia. This action was brought in the Superior Court of the county of Person. The plaintiff is now, and was at the…
1Opinion of the Court
WaleeR, J\,
after stating tbe case: Tbe statute of tbis State (Revisal, sec. 5, subsec. 2) positively forbids letters of administration to be issued to a nonresident of tbe State, and it is to be inferred from tbis enactment, as well as from tbe course of decisions in tbis Court, tbat tbe policy of tbe law is well established to tbe effect tbat a nonresident administrator cannot sue in tbe courts of tbis State. Butts v. Price, 1 N. C., 201, Ann., 2 N. C., 355; Helme v. Sanders, 10 N. C., 563; Leak v. Gilchrist, 13 N. C., 73; Smith v. Munroe, 23 N. C., 345; Moorefield v. Harris, 126 N. C., 626;…
2Cases cited21 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904
- Hartness v. Pharr.Supreme Court of North Carolina · 1903
- Holshouser v. . Copper Co.Supreme Court of North Carolina · 1905
- Vance v. RailroadSupreme Court of North Carolina · 1905
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burgess v. BusbyCourt of Appeals of North Carolina · 2001
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- Maxson v. McElhinneySupreme Court of Pennsylvania · 1952
- McCoy v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1948
- King v. Cooper Motor Lines, Inc.District Court, D. Maryland · 1956
7 more not listed; retrieve them via the Exa API.