Legal Opinion

Fox v. Southern Ry. Co.

U.S. Circuit Court for the District of Western North Carolina

Decided May 20, 1897PublishedCited by 13 opinions

This was an action by W. A. Fox, administrator, against the Southern Railway Company and others. The case was heard on a motion to remand to the state court.

1Opinion of the Court

DICK, District Judge.

The transcript of record filed by the defendant at this term shows the following facts and proceedings:

This civil action was commenced in the state court by a writ of summons duly issued on the 8th day of October, 1896, returnable to the November term, 1896, of Iredell superior court. This writ was-duly served on the Southern Railway Company on the 22d of October, 1896. At the said November term no pleadings were actually filed and entered of record, but the following stipulation of counsel was filed on the 10th of December, 1896, and was agreed to be entered of record:

“In…

2Cases cited1 opinion

  1. Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894

3Cited by13 opinions

  1. Williams v. New York, P. & NR Co.Court of Appeals for the Fourth Circuit · 1926
  2. Maryland Casualty Co. v. Clintwood Bank, Inc.Supreme Court of Virginia · 1930
  3. Patterson v. Champion Lumber Co.Supreme Court of North Carolina · 1917
  4. Collins Mfg. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1926
  5. Tevis v. Palatine Ins.U.S. Circuit Court for the District of Northern California · 1906

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