Overton v. Southern Railway Co.
This text of 163 S.E. 808 (Overton v. Southern Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petition for removal, in addition to showing the presence of the requisite jurisdictional amount, asserts a right of removal on the grounds of diverse citizenship and fraudulent joinder of the resident defendant.
It appears that no valid cause of action is stated against the resident defendant, city of Salisbury, hence, under Wright v. Utility Co., 198 N. C., 204, 151 S. E., 241, the motion to remove was properly allowed.
Affirmed.
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Cite This Page — Counsel Stack
163 S.E. 808, 202 N.C. 848, 1932 N.C. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overton-v-southern-railway-co-nc-1932.