Frazier v. Piedmont & Northern Railway Co.

Stacy, 0. J.

The petition for removal, besides showing the presence of the requisite jurisdictional amount, asserts a right of removal on the grounds of diverse citizenship, and alleges that the resident defendant has been fraudulently joined to prevent such removal.

The trial court held that the case was controlled by the line of decisions of which Cox v. Lamber Co., 193 N. C., 28, 136 S. E., 254, Johnson v. Lumber Co., 189 N. C., 81, 126 S. E., 165, and Rea v. Mirror Co., 158 N. C., 24, 73 S. E., 116, may be cited as fairly illustrative; while the appellant contends that the principles…