Knowles v. Norfolk Southern Railroad
Supreme Court of North Carolina
This was a civil action, tried at the Fall Term, 1888, of the Superior Court of Perquimans County, before MacRae, J., for damages for an alleged unlawful expulsion of plaintiff from defendant’s cars. The complaint and answer and issues were as follows: The plaintiff alleges; “ 1. That the defendants are a railroad corporation, doing business in, and under a charter of the General Assembly of this State.
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This was a civil action, tried at the Fall Term, 1888, of the Superior Court of Perquimans County, before MacRae, J., for damages for an alleged unlawful expulsion of plaintiff from defendant’s cars. The complaint and answer and issues were as follows: The plaintiff alleges; “ 1. That the defendants are a railroad corporation, doing business in, and under a charter of the General Assembly of this State. “ 2. That the plaintiff, on the-day of-, 1887, purchased of the defendant’s agent at Winfall, a sta-tionon their road, a return ticket to Elizabeth City, also a station on said road. “3. That…
1Opinion of the CourtAvrry, J.
(after stating the case). It seems that the Court of Appeals of New York, giving effect to precisely the same language as section 98 of the Code of Civil Procedure, and substantially the same as section 242 of The Code of North Carolina, have construed it to mean that the motion to dismiss on the ground relied on in this case vrould not be entertained when made for the first time in the appellate Court. Bliss’ Code, sec. 499, p. 533, note z. We must stand to our repeated decisions that this Court will, on motion, or ex mero motu, dismiss an action on this ground, just as would be done when it…
2Cases cited14 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Jones v. . MialSupreme Court of North Carolina · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
35 more not listed; retrieve them via the Exa API.