Gudger v. Western N. C. Railroad
Supreme Court of North Carolina
Motion of defendants to remove the cause to the circuit court of the United States, heard at Fall Term, 1882, of Madison Superior Court, before Shepherd, J. The cause of action alleged in the complaint is the negligent and unlawful erection, in the street of the town of' Marshall by the defendant company, of a stake against, which the plaintiff accidental struck his foot, and in falling broke the bone of his leg, and for this injury he seeks to recover damages.
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Motion of defendants to remove the cause to the circuit court of the United States, heard at Fall Term, 1882, of Madison Superior Court, before Shepherd, J. The cause of action alleged in the complaint is the negligent and unlawful erection, in the street of the town of' Marshall by the defendant company, of a stake against, which the plaintiff accidental struck his foot, and in falling broke the bone of his leg, and for this injury he seeks to recover damages. The defendant in its answer admits its incorporation and organization under a law of the state, and says that the legal title' to,…
1Opinion of the Court
Smith, C. J.,
after stating the above. It is a matter of moment to the parties that a correct solution be reached of the inquiry, whether upon the case presented in the pleadings the defendants are entitled to an order of removal, or suspension of further action in the cause in the superior court, since, if it ought to have been, and is not transferred to the jurisdiction of the federal court, whatever proceedings may be thereafter had in the state court, are a nullity, and the progress of the cause is arrested by. law at the point when the removal was demanded.
We have therefore carefully…
2Cases cited2 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Hyde v. RubleSupreme Court of the United States · 1882
3Cited by7 opinions
- Gudger v. Western N. C. R.U.S. Circuit Court for the District of Western North Carolina · 1884
- O'Kelly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Douglas v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Bowley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Douglass v. . R. R.Supreme Court of North Carolina · 1890
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