Cogdill v. Whiting Mfg. Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E. Boyd, Judge. Action by J. W. Cogdill, as administrator of C. W. Cogdill, deceased, against the Whiting Manufacturing Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E. Boyd, Judge. Action by J. W. Cogdill, as administrator of C. W. Cogdill, deceased, against the Whiting Manufacturing Company. Judgment for defendant, and plaintiff brings error. The plaintiff in error instituted this action in the superior court of Swain county, N. C., and the same was by appropriate proceedings removed by the defendant in error, a nonresident corporation, into the United States District Court for the "Western District of North Carolina. The case, as shown by…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The assignments of error present for the consideration of the court but two questions: Whether the plaintiff had the right to take a voluntary nonsuit; and whether the court erred in directing the jury to find a verdict in favor of the defendant company, and entering judgment thereon. These assignments will be considered in the order named.
[1] First. Whatever may be the right of the plaintiff under the laws of North Carolina to take a voluntary nonsuit at the stage that the motion was interposed in the court below, such does not exist in the federal courts,…
2Cases cited7 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Wade Ex Rel. Moore v. McLean Contracting Co.Supreme Court of North Carolina · 1908
- Santa Fe Pacific Railroad v. HolmesSupreme Court of the United States · 1906
- Huntt v. McNameeCourt of Appeals for the Fourth Circuit · 1905
- Richmond Granite Co. v. BaileySupreme Court of Virginia · 1896
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