Lloyd v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Shorn, J., at September Term, 1913, of GuileoRD. Tbis is an action to recover damages for injuries alleged to have been caused by defendant’s negligence. Tbe case was before us at a former term, and is reported in 162 N. 0., 485. Several of tbe questions now presented were tben decided adversely to tbe defendants, and we will not consider tbem again upon á second appeal. Latham v. Fields, post.
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Appeal by defendant from Shorn, J., at September Term, 1913, of GuileoRD. Tbis is an action to recover damages for injuries alleged to have been caused by defendant’s negligence. Tbe case was before us at a former term, and is reported in 162 N. 0., 485. Several of tbe questions now presented were tben decided adversely to tbe defendants, and we will not consider tbem again upon á second appeal. Latham v. Fields, post. We held before, tbat tbe cause was not removable to tbe Federal court. Defendant, when tbe case was called for trial, entered a plea to tbe jurisdiction, based upon tbe ground…
1Opinion of the Court
Walkeb, Z.,
after stating the ease: As to the plea of the defendant to the jurisdiction, it may be said that the mere filing of a transcript in the Federal court and docketing the case there did not prevent the State court from proceeding with the cause by trial and final determination in the exercise of its jurisdiction, as the order of removal was held by this Court to be erroneous and was accordingly reversed, with directions W retain the case. The plea, therefore, was properly overruled. Our decision could not be questioned or collaterally attacked in that way, but only by a writ of error…
2Cases cited34 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Hough v. Railway Co.Supreme Court of the United States · 1880
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
29 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
17 more not listed; retrieve them via the Exa API.