Supreme Court of North Carolina, 1932

Overton v. Southern Railway Co.

Overton v. Southern Railway Co.
Supreme Court of North Carolina · Decided May 4, 1932 · OueiaM
163 S.E. 808; 202 N.C. 848; 1932 N.C. LEXIS 274 (South Eastern Reporter)

Overton v. Southern Railway Co.

Opinion of the Court

Pee OueiaM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.