Fore v. Sylva Tanning Co.
Supreme Court of North Carolina
ActioN, beard on motion to remove tbe cause into tbe Federal courts by reason of alleged fraudulent joinder of resident defendants, before Shaw, J.j at October Term, 1917, of Jackson. There was judgment in denial of tbe motion and defendant company excepted and appealed.
1Opinion of the CourtHoke, J.
We bave beld, in numerous cases on tbis subject, tbat wben a plaintiff bas sued resident and nonresident defendants for a joint wrong, tbe cause of action, as a legal proposition, must be taken and construed as tbe complaint presents it and, in sucb cases, on motion to remove tbe cause to tbe Federal court by reason of tbe alleged fraudulent joinder of tbe resident defendants, tbe right to removal does not arise from general allegations of bad faith or fraud on tbe part of tbe plaintiff, however positive, but tbe relevant facts and circumstances must be stated with sucb fullness and detail…
2Cases cited20 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
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3Cited by9 opinions
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Palomino Mills, Inc. v. Davidson Mills Corp.Supreme Court of North Carolina · 1949
- Givens v. Savona Manufacturing Co.Supreme Court of North Carolina · 1928
- Johnson v. Blackwood Lumber Co.Supreme Court of North Carolina · 1925
- Swain v. Interstate Cooperage Co.Supreme Court of North Carolina · 1925
4 more not listed; retrieve them via the Exa API.