North Carolina Public Service Co. v. Southern Power Co.
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at Fall Term, 1920, of Guileoed. Tbis is a proceeding in mandamus beard by bis Honor, Judge- Ray, in Guilford County Superior Court, 14 September, 1920. Tbe petition for a writ of. mandamus, duly verified, was filed by tbe plaintiff according to tbe statute. On tbe return day in apt time tbe defendant filed a petition for removal of tbe proceeding to tbe District Court of tbe United States for tbe Western District of North Carolina.
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Appeal by defendant from Bay, J., at Fall Term, 1920, of Guileoed. Tbis is a proceeding in mandamus beard by bis Honor, Judge- Ray, in Guilford County Superior Court, 14 September, 1920. Tbe petition for a writ of. mandamus, duly verified, was filed by tbe plaintiff according to tbe statute. On tbe return day in apt time tbe defendant filed a petition for removal of tbe proceeding to tbe District Court of tbe United States for tbe Western District of North Carolina. Tbe petition was in due form, accompanied by tbe proper bond- and in all respects regular. Tbe judge denied tbe motion to…
1DissentWalker, J.
Tbis is an appeal by tbe defendant from tbe order of bis Honor, Judge Ray, refusing to remove tbis case to tbe United States District Court for tbe "Western District of North Carolina. His Honor found, as stated in tbe order, tbat tbe petition and bond for removal were in due form and in every respect legally sufficient, and tbat due notice of tbe petition and bond bad been given tbe plaintiffs. Tbe sole ground upon wbicb bis Honor refused to grant tbe petition is as stated in tbe order, “Tbat tbe complaint filed herein by tbe plaintiffs states a case in wbicb a writ of mandamus may properly…
2Cases cited57 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
- Payne v. HookSupreme Court of the United States · 1869
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