Hurst v. Southern Railway Co.
Supreme Court of North Carolina
■Appeal by plaintiff from Long, J., at October Term, 1912, of SwaiN. This is a motion, to remove tbe' action from tbe Superior Court of Swain County to tbe Federal Court upon tbe ground tbat tbe defendant is a Virginia corporation. Tbe motion was allowed, and tbe plaintiff excepted and appealed.
1Opinion of the CourtAlleN, J.
Tbe plaintiff bas followed tbe allegations of tbe complaint in Ice Co. v. R. R., 144 N. C., 732, and tbe allegations in tbe. petition for removal are substantially as those made in a similar petition filed in tbat case.
Tbe question now presented is not, therefore, a new one, but was fully considered in tbe case referred to, in a learned and exhaustive opinion by Justice Connor, concurred in by all tbe members of tbe Court, and decided in favor of tbe contention of tbe appellant, and we have no disposition to disturb tbat decision.
It is alleged'in tbe complaint tbat tbe defendant became tbe…
2Cases cited2 opinions
- Herrick v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1912
- Carolina Coal & Ice Co. v. Southern Railway Co.Supreme Court of North Carolina · 1907
3Cited by1 opinion
- Atlantic Coast Line Railroad v. SpencerSupreme Court of North Carolina · 1914