Affirmed on authority of Huntley v. Express Co., 191 N. C., 696, 132 S. E., 786, and Morgan v. Morgan, 2 Wheat., 290, 4 Law Ed., 242.
Affirmed.
Harrison v. Southern Railway Co., 202 N.C. 852 (1932)
May 18, 1932
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Supreme Court of North Carolina
202 N.C. 852
W. G. HARRISON, Administrator, v. SOUTHERN RAILWAY COMPANY et al.
(Filed 18 May, 1932.)
Appeal by plaintiff from Sink, J., at March Term, 1932, of BuN-COMB®.
Civil action to recover damages for an alleged wrongful death, instituted 6 November, 1931, against Southern Railway Company, a corporation chartered under tbe laws of Virginia, and J. W. MeSherry, a citizen and resident of Buncombe County, N. C.
Tbe corporate defendant, in apt time, filed its petition and bond for removal of tbe cause to tbe District Court of tbe United States for tbe Western District of North Carolina, for trial, on tbe ground of diverse citizenship, alleging in its petition that no summons bad been served on J. W. MeSherry, for that be was dead, having died some days prior to tbe issuance of said summons, and that tbe action was solely between plaintiff and tbe corporate defendant. Tbe petition also shows tbe presence of tbe requisite jurisdictional amount. Motion by plaintiff to make administratrix of J. W. McSherry’s estate party defendant denied, and motion to remove allowed. Plaintiff appeals.
Joseph W. Little for plaintiff.
B. C. Kelly and Jones & Ward for defendant, Southern Bailway Company.