Tbe question presented by tbis appeal is identical with that presented by tbe appeal in Buncombe County v. Hood, Commissioner of Banks, and United States Guarantee Company, ante, 792. Tbe judgment is
Affirmed.
Buncombe County v. Hood, 202 N.C. 796 (1932)
June 15, 1932
·
Supreme Court of North Carolina
202 N.C. 796
BUNCOMBE COUNTY et al. v. GURNEY P. HOOD, Commissioner of Banks, and THE SOUTHERN SURETY COMPANY OF NEW YORK.
(Filed 15 June, 1932.)
(For digest see Buncombe Bounty v. Hood, Oomr. of Banks, ante, 792.)
Appeal by plaintiffs from Sinls, J., at January Term, 1932, of BuNcombe.
Affirmed. '
Tbis action was begun in tbe General County Court of Buncombe County, on 14 September, 1931. After tbe complaint was filed, and in apt time, tbe defendant, tbe Southern Surety Company of New York, filed its petition in said court for tbe removal of tbe action from said General County Court to tbe District Court of tbe United States for tbe Western District of North Carolina, for trial.
Tbe action was beard by tbe judge of tbe Superior Court of Buncombe County, on tbe appeal of tbe defendant, tbe Southern Surety Company of New York, from tbe order of tbe judge of tbe General County Court of said county, denying its petition for tbe removal of tbe action from said County' Court to tbe District Court of tbe United States for tbe Western District of North Carolina, for trial.
From judgment reversing tbe order of tbe judge of tbe General County Court, and ordering tbe removal of tbe action in accordance with tbe petition of tbe defendant, tbe Southern Surety Company of New York, tbe plaintiffs appealed to tbe Supreme Court.
Jones & Ward and Glinion K. Hughes for plaintiffs.
No counsel for defendant.