Faison v. . Hardy
Supreme Court of North Carolina
PktitioN of defendants to rehear the case decided at this Term (114 N. C., 58) upon the ground that the Court overlooked the exception to the refusal of the Judge below to remove the cause to the Federal Court upon the motion of the defendants, Hardy, trustee, and Grandy & Sons.
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PktitioN of defendants to rehear the case decided at this Term (114 N. C., 58) upon the ground that the Court overlooked the exception to the refusal of the Judge below to remove the cause to the Federal Court upon the motion of the defendants, Hardy, trustee, and Grandy & Sons. At Chambers in Halifax count}', Maj' 25, 1893, before Jlo/ce, J., the defendants Grandy & Sons, of Norfolk, Va., the creditors secured by the deed of trust, filed a petition as follows: “Yourpetitioners, Caldwell Hardy, trustee, C. W. Grandy and Albert IT. Grandy, partners in trade under the name and style of C. W.…
1Opinion of the Court
MacRae, J.:
Neither on the argument nor in the brief of defendants’ counsel was there any allusion to the petition for removal to the Federal Court. AVe were under the impression that the motion had been abandoned and therefore it was not referred to in the opinion filed in this case. Upon the rehearing we have had the benefit of argument upon the point presented.
The opinion of the Court upon the question of continuing the restraining order pending the litigation will be found at page 58 of this volume. It will be remembered that there is but one party plaintiff, F. S. Faison, a citizen of…
2Cases cited2 opinions
- United States Ex Rel. State v. DouglasSupreme Court of North Carolina · 1893
- Douglas v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
3Cited by5 opinions
- Buck v. FelderDistrict Court, M.D. Tennessee · 1911
- Mecke v. Valleytown Mineral Co.Supreme Court of North Carolina · 1898
- Springer v. . SheetsSupreme Court of North Carolina · 1894
- Ashcraft v. . LittleSupreme Court of North Carolina · 1846
- Douglass v. . R. R.Supreme Court of North Carolina · 1890