Higson v. North River Insurance
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at May Term, 1910, of Pitt. Civil action pending in the Superior Court of Pitt County and heard upon motion for judgment by default and inquiry. No answer has been filed, but on the 23d of April, 1910, defendant filed a petition and bond for removal to the Circuit Court of the United States, which at the hearing before Judge Peebles was urged in bar of the judgment by default.
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Appeal by defendant from Peebles, J., at May Term, 1910, of Pitt. Civil action pending in the Superior Court of Pitt County and heard upon motion for judgment by default and inquiry. No answer has been filed, but on the 23d of April, 1910, defendant filed a petition and bond for removal to the Circuit Court of the United States, which at the hearing before Judge Peebles was urged in bar of the judgment by default. Upon the hearing his Honor rendered the following judgment: This cause coming on to be heard before Honorable R. B. Peebles, Judge presiding at the May Term of Pitt County Superior…
1ConcurrenceClark, C. J.
Tbe great bulb of court business under our system of government is necessarily in tbe State courts. Tbe Federal courts bave a restricted jurisdiction wbicb is limited to matters marked out by tbe United States Constitution. So true is tbis that in all actions in a Federal court it is presumed that tbe court is without jurisdiction until tbe contrary affirmatively appears. Robertson v. Cease, 97 U. S., 646; 11 Cyc., 855. In those instances of concurring jurisdiction in wbicb, notwithstanding a State court has first taken jurisdiction, tbe Federal Judiciary Act permits a removal into tbe…
2Cases cited4 opinions
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Robertson v. CeaseSupreme Court of the United States · 1878
- United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1902