Howard v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages pending in Rowan Superior Court. From an order denying the defendant’s petition for a removal of the cause to the Circuit Court of the United States, the defendant appealed. The facts in relation to the filing of the petition appear in the opinion.
1Opinion of the Court
Clark, J.:
The summons in this action was returnable to August Term, 1897, of the Superior Court of Rowan, at which Term, by the Laws of this State {The Code, Sections 206 and 207) the complaint and answer were required to be filed. At that term neither was filed but an entry was made on the minutes which on its face does not purport to be by order of the court and, indeed, which is admitted to have been by consent, “plaintiff has 30 days to file complaint and the defendant 60 days thereafter to file answer.” The complaint was filed 7th September, 1897, and the answer on 11th October. On 6th…
2Cases cited17 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Debnam v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1900
- Garrett & Co. v. BearSupreme Court of North Carolina · 1907
- Patterson v. Champion Lumber Co.Supreme Court of North Carolina · 1917
- Pruitt v. Charlotte Power Co.Supreme Court of North Carolina · 1914
- Pruett v. Charlotte Power Co.Supreme Court of North Carolina · 1914
26 more not listed; retrieve them via the Exa API.