Mason v. Southern Railway Co.

Stacy, O. J.

When the cause is a proper one for removal and adequate petition and bond are duly filed, it is error for the clerk or the judge of the State court to enter any order therein substantially affecting the rights of the parties, save the order of removal. Huntley v. Express Co., 191 N. C., 696, 132 S. E., 786; Powell v. Watkins, 172 N. C., 244, 90 S. E., 207; Winslow v. Collins, 110 N. C., 119, 14 S. E., 512.

Whether the petition in the instant case is sufficient to oust the jurisdiction of the Superior Court, and thus render the order appealed from nugatory, cannot he determined on…