Emery v. . Hardee
Supreme Court of North Carolina
Civil action, heard on motion before Avery, Judge, at Spring Term, 1884, of the Superior Court of NORTHAMPTON county. This action was brought to the Spring Term, 1881, of the Superior Court of Halifax county.
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Civil action, heard on motion before Avery, Judge, at Spring Term, 1884, of the Superior Court of NORTHAMPTON county. This action was brought to the Spring Term, 1881, of the Superior Court of Halifax county. At the Fall Term thereof of the same year, the Court made an order removing the action to the Superior Court of Northampton county for trial, whereof the following is a copy: “This cause coming on to be heard, on motion and as on affidavit of plaintiffs, it is ordered that it be removed to Northampton county for trial.” This order is subscribed by the Judge granting it, on the right hand…
1Opinion of the Court
MerriMON, J.,
(after stating the facts). It is very clear, that if the order of the Court directing the removal of the action had omitted the words “as on affidavit,” it would have been sufficient. In that case, the conclusive presumption would have been, that the Court had béfore it, and considered, facts duly appearing, that warranted the order. The Court to which the action is removed, ought only to see that there is an order of removal, sufficient on its face. This is sufficient to give it jurisdiction — indeed, it gives the jurisdiction. It is not the province of the latter Court to…
2Cases cited5 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Boyden v. . WilliamsSupreme Court of North Carolina · 1881
- Torrence v. . DavidsonSupreme Court of North Carolina · 1884
- Oakley v. . AndersonSupreme Court of North Carolina · 1885
3Cited by6 opinions
- Ex parte WhitmoreUtah Supreme Court · 1894
- Ladd v. TeagueSupreme Court of North Carolina · 1900
- Clement v. . FosterSupreme Court of North Carolina · 1888
- Patrick v. HurdleCourt of Appeals of North Carolina · 1969
- Ladd v. . TeagueSupreme Court of North Carolina · 1900
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