Bohannon v. Virginia Trust Co.

Stacy, C. J.,

after stating the ease: The order, here challenged, was improvidently entered because an appeal had been taken from the order removing the cause to Buncombe County for trial, and this stayed “all further proceedings in the court below upon the judgment appealed from, or upon the matters embraced therein.” C. S., 655; Pruett v. Power Co., 167 N. C., 598, 83 S. E., 830.

But for the order of removal, which was challenged by the appeal therefrom, the Superior Court of Buncombe County was without jurisdiction to hear the matter. Hence, the very question sought to be determined by the…