State ex rel. North Carolina Corp. Commission v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Justice, J., August Term, 1909, of Bubbie. This proceeding originated before tbe Corporation Commission, and upon appeal by defendant was duly docketed in tbe Superior Court. At said term tbe plaintiff moved to dismiss tbe appeal because no notice had been served on B. F. Davis, president of tbe Merchants Association of Morganton., At tbe same term tbe defendant filed a petition and bond for removal to tbe Circuit Court of tbe United States.
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Appeal from Justice, J., August Term, 1909, of Bubbie. This proceeding originated before tbe Corporation Commission, and upon appeal by defendant was duly docketed in tbe Superior Court. At said term tbe plaintiff moved to dismiss tbe appeal because no notice had been served on B. F. Davis, president of tbe Merchants Association of Morganton., At tbe same term tbe defendant filed a petition and bond for removal to tbe Circuit Court of tbe United States. Tbe court declined to allow tbe petition to remove, and sustained tbe motion to dismiss tbe appeal. Tbe defendant excepted and appealed to…
1Opinion of the CourtBeowN, J.
1. Tbe motion to dismiss was improperly allowed, as tbe law required no notice to be served on B. F. Davis, president of tbe Merchants Association, as be was no party to tbe proceeding. It is not claimed that said association is a legal entity; but if it was, it is no party to a proceeding of this kind.
The statute provides that when an appeal is taken from an order of this nature, made by tbe Corporation Commission, tbe State shall be tbe plaintiff, and that tbe cause shall be docketed, “State of North Carolina on relation of tbe Corporation Commission v. tbe appellant.”
As it is admitted that…
2Cases cited20 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
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3Cited by4 opinions
- Corporation Commission v. . R. R.Supreme Court of North Carolina · 1916
- Sumner-Tacoma Stage Co. v. Department of Public WorksWashington Supreme Court · 1927
- Speight v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1912
- North Carolina Corp. Commission v. Winston-Salem Southbound Railway Co.Supreme Court of North Carolina · 1916