Legal Opinion

Douglas v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided February 15, 1890PublishedCited by 3 opinions

MotioN by the defendant, the Richmond and Danville Railroad Company, to remove this action to the United States Circuit Court in and for the Western District of North Carolina, heard before Graves, J, at August Term, 1889, of Guilford Superior Court.

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MotioN by the defendant, the Richmond and Danville Railroad Company, to remove this action to the United States Circuit Court in and for the Western District of North Carolina, heard before Graves, J, at August Term, 1889, of Guilford Superior Court. It appears that the plaintiffs are citizens of this State, within the district named; that the defendants, the Northwest ern North Carolina Railroad Company and the North Carolina Railroad Company are corporations of this State, within said district; that the defendant petitioner is a nonresident corporation of the State of Virginia, and the…

1Opinion of the CourtMerrision, C. J.

after stating the case: It is not pertinent or proper to consider and determine here the sufficiency of the plaintiff’s cause of action. The sole question pre*-sented for our decision is, is the action one which must, for the causes alleged in the petition, be removed,- as to the petitioner, to the Circuit Court of the United States?

The Act of Congress, approved March 3d, 1887 (24 U. S. Stats, at Large, p. 552), provides, among other things, in section 2 thereof, as follows: “And when, in any suit mentioned in this section, there shall be a controversy which is wholly between citizens of…

2Cases cited7 opinions

  1. Ayres v. WiswallSupreme Court of the United States · 1884
  2. Hyde v. RubleSupreme Court of the United States · 1882
  3. St. Louis & San Francisco Railway Co. v. WilsonSupreme Court of the United States · 1885
  4. Thorn Wire Hedge Co. v. FullerSupreme Court of the United States · 1887
  5. Laidly v. HuntingtonSupreme Court of the United States · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Faison v. . HardySupreme Court of North Carolina · 1894
  2. Baird v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
  3. Bowley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892

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