Overton v. Southern Railway Co.
Supreme Court of North Carolina
Overton v. Southern Railway Co., 163 S.E. 808 (N.C. 1932)
202 N.C. 848; 1932 N.C. LEXIS 274
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Overton v. Southern Railway Co.
Opinion of the Court
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.
Reference
- Full Case Name
- MRS. RAY CHAPPELL OVERTON, Administratrix, v. SOUTHERN RAILWAY COMPANY Et Al.
- Status
- Published