{
  "id": 8599953,
  "name": "LESTER MATTHEWS v. BLACKWOOD LUMBER COMPANY and BABE FORTNER",
  "name_abbreviation": "Matthews v. Blackwood Lumber Co.",
  "decision_date": "1929-12-18",
  "docket_number": "",
  "first_page": "129",
  "last_page": "130",
  "citations": [
    {
      "type": "official",
      "cite": "198 N.C. 129"
    }
  ],
  "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": [
    {
      "cite": "73 S. E., 116",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "158 N. C., 24",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8654547
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/158/0024-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T19:53:28.956258+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LESTER MATTHEWS v. BLACKWOOD LUMBER COMPANY and BABE FORTNER."
    ],
    "opinions": [
      {
        "text": "Pees Gotham.\nPlaintiff bases bis cause of action on a joint tort alleged to have been committed by tbe defendant, Blackwood Lumber Company, a nonresident corporation, and its \u201cswamp\u201d foreman, Babe Fortner, a citizen and resident of Jackson County, North Carolina.\nIn tbe petition to remove, filed by tbe nonresident corporation, it is alleged with particularity that T. A. Bateman, and not Babe Fortner, was foreman in charge of tbe defendant\u2019s camp operations at tbe time of plaintiff\u2019s injury, that J. M. Price, and not Babe Fortner, was tbe \u201cswamp\u201d foreman in immediate charge of tbe work; that tbe plaintiff well knew these facts when tbe contrary was asserted in bis complaint, and that both tbe allegations with respect to Fortner and bis joinder as a party defendant were fraudulently made for tbe sole and only purpose of preventing a removal of tbe cause to tbe Federal Court for trial.\nUnder tbe principles announced in Rea v. Mirror Co., 158 N. C., 24, 73 S. E., 116, and approved in later decisions, it would seem that tbe nonresident defendant is entitled to have tbe cause removed to tbe Federal Court for trial.\nReversed.",
        "type": "majority",
        "author": "Pees Gotham."
      }
    ],
    "attorneys": [
      "Morgan, Ward & Stam&y for plaintiff.",
      "J. Hall Johnston for defendant."
    ],
    "corrections": "",
    "head_matter": "LESTER MATTHEWS v. BLACKWOOD LUMBER COMPANY and BABE FORTNER.\n(Filed 18 December, 1929.)\nRemoval of Causes C b \u2014 In this case held: petition sufficiently alleged severable controversy and fraudulent joinder, and should have been granted.\nWhere the petition for the removal of a cause from the State to the Federal Court alleges with particularity that the resident defendant was not an employee of the nonresident defendant, and that the plaintiff knew of this fact and joined him as a defendant fraudulently for the sole purpose of preventing a removal, the petition for removal should have been granted.\nAppeal by defendant from McFlroy, J., at May Term, 1929, of JAOKSON.\nMotion by tbe Blackwood Lumber Company to remove cause to tbe District Court of tbe United States for tbe Western District of North Carolina for trial. Motion denied, and defendant appeals.\nMorgan, Ward & Stam&y for plaintiff.\nJ. Hall Johnston for defendant."
  },
  "file_name": "0129-01",
  "first_page_order": 199,
  "last_page_order": 200
}