{
  "id": 8653941,
  "name": "J. E. DIXON, Admr. of the Estate of ROBT. C. DIXON v. NORFOLK SOUTHERN RAILROAD CO.",
  "name_abbreviation": "Dixon v. Norfolk Southern Railroad",
  "decision_date": "1925-03-04",
  "docket_number": "",
  "first_page": "249",
  "last_page": "250",
  "citations": [
    {
      "type": "official",
      "cite": "189 N.C. 249"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 195,
    "char_count": 2615,
    "ocr_confidence": 0.45,
    "sha256": "6e4ea5750f44dd8dbc3778e79774e650d3a2875c9cab71bbb23fc5f1abae56e3",
    "simhash": "1:e6e14edddaa42c8c",
    "word_count": 476
  },
  "last_updated": "2023-07-14T21:40:32.095485+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. E. DIXON, Admr. of the Estate of ROBT. C. DIXON v. NORFOLK SOUTHERN RAILROAD CO."
    ],
    "opinions": [
      {
        "text": "Pee Oueiam.\nTbe following findings of fact and order were made by tbe court below:\n\u201cThis cause of action coming on to be beard before bis Honor, M. Y. Barnhill, judge presiding at tbe January Term, 1925, of Pitt County Superior Court, upon tbe appeal of plaintiff from tbe order made by J. E. Harrington, clerk Superior Court of Pitt County, overruling plaintiff\u2019s motion to set aside and vacate tbe order of removal made by said clerk on 8 November, 1924, and being beard, tbe court finds tbe following facts: Tbe court adopts tbe findings of tbe clerk and tbe following facts in addition thereto; from evidence of E. E. Tucker, D. C.\n\u201cThat attorney for defendant carried answer to tbe deputy clerk and left it witb bim to be filed in order tbat all original papers could be sent up to tbe Federal Court and save tbe necessity of making certified copies thereof, stating at tbe time and calling to tbe attention of tbe deputy clerk tbat an order of removal bad already been signed by tbe clerk.\n\u201cUpon said finding tbe court is of tbe opinion and so finds tbat tbe defendant by its action did not waive its right to removal nor make such general appearance in tbe cause as would estop it from insisting thereon.\n\u201cIt is therefore ordered and adjudged by tbe court tbat tbe order of said clerk be and tbe same is affirmed and tbat this cause be and it is hereby removed to tbe District Court of tbe United States for tbe Eastern District of North Carolina, sitting at Washington, N. C., and tbe clerk of tbe Superior Court of Pitt County, North Carolina, is hereby directed to make up tbe record of this cause by transmitting all tbe original papers on file in said cause to tbe said District Court of tbe United States for tbe Eastern District of North Carolina.\u201d\nTbe plaintiff duly excepted to tbe findings of fact and order above set forth, assigned error and appealed to tbe Supreme Court. After bearing tbe argument and examining tbe record, we can find\nNo error.",
        "type": "majority",
        "author": "Pee Oueiam."
      }
    ],
    "attorneys": [
      "Julius Brown and Ward & Grimes for plaintiff.",
      "F. G. James & Son for defendant."
    ],
    "corrections": "",
    "head_matter": "J. E. DIXON, Admr. of the Estate of ROBT. C. DIXON v. NORFOLK SOUTHERN RAILROAD CO.\n(Filed 4 March, 1925.)\nRemoval of Causes \u2014 Federal Court \u2014 Order to Remove \u2014 Waiver.\nUnder the facts of this ease: 3eld no error in the ruling of the Superior Court judge that defendant had not waived his right to the removal of the cause from the State to the Federal Court under a former order by offering copies of the papers in the case to the clerk of the State court to be used as a part of the record to be transmitted.\nAppeal from Barnhill, J., at January Term, 1925, of Pitt.\nJulius Brown and Ward & Grimes for plaintiff.\nF. G. James & Son for defendant."
  },
  "file_name": "0249-01",
  "first_page_order": 327,
  "last_page_order": 328
}