{
  "id": 2092635,
  "name": "J. D. BRYANT & JAS. READE, Trustees of ANNA BURGWYN and GEO. P. BURGWYN vs. ALBERT L. SCOTT",
  "name_abbreviation": "Bryant v. Scott",
  "decision_date": "1872-06",
  "docket_number": "",
  "first_page": "391",
  "last_page": "392",
  "citations": [
    {
      "type": "official",
      "cite": "67 N.C. 391"
    }
  ],
  "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": {
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    "char_count": 2982,
    "ocr_confidence": 0.428,
    "pagerank": {
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    "simhash": "1:aba010adce846ed3",
    "word_count": 539
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  "last_updated": "2023-07-14T16:32:25.131400+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. D. BRYANT & JAS. READE, Trustees of ANNA BURGWYN and GEO. P. BURGWYN vs. ALBERT L. SCOTT."
    ],
    "opinions": [
      {
        "text": "Eo-dman, J.\nThis case comes into this Court upon an appeal by the plaintiffs from an order of the Judge below, vacating an order enjoining the defendant from selling certain land conveyed to him by PI. K. Burgwyn by way of mortgage. In this Court a motion is made by plaintiff's, upon affidavits, to remove the cause to the Circuit Court of the United States, upon the ground that from prejudice or local influence, they -are not able to obtain justice in the State Courts.\nThe defendant says, in the first place, that the motion-should not be allowed, because the action itself is not pending in this Court, but only so much of it as was taken up by the appeal from the interlocutory judgment vacating the injunction. We think we need not consider, whether an order of removal made here under the circumstances would remove the whole -case -or not. That would more properly be for the Circuit Court, if the order were made; and no doubt some way would be found by which the whole record could be got in that Court.\nBut is the case one authorized to be removed by the act of Congress? The act (2d March, 1867, 14 Stat. at Large 558,) says that in a suit \u201cin which there is a controversy between a citizen of the State in which the suit is brought, and the citizen of another State, &c., such citizen of another State, whether he be plaintiff or defendant,\u201d may file a petition &c.\nIt appears by the affidavits in this case, that the plaintiffs Bryant and Reade are citizens of Massachusetts, George P. Burgwyn the other plaintiff is a citizen of North Carolina, and the defendant Scott a citizen of New York.\nHere there is a controversy between Burgwyn one of the plaintiffs and the defendant; but Burgwyn is not a citizen of another State, and could not file the petition ; and Bryant and Reade, who filed the petition, although citizens of another State, have no controversy with any citizen of this State, but with a citizen of New York. We think the case does not come within either the letter or spirit -of the act, and the order of removal or suspension is refused..\nPkr Curiam. Venire de novo.",
        "type": "majority",
        "author": "Eo-dman, J."
      }
    ],
    "attorneys": [
      "Smith and Peebles c\u00a7 Peebles, for the plaintiffs-.",
      "Strong, for the defendant."
    ],
    "corrections": "",
    "head_matter": "J. D. BRYANT & JAS. READE, Trustees of ANNA BURGWYN and GEO. P. BURGWYN vs. ALBERT L. SCOTT.\nWherein an action pending in a Court of this State there were severa^ plaintiffs; one of whom was a citizen of North Carolina and the others were non residents of the State, the defendant being also a non-resident ; Held, not to be a proper case for removM to the Circuit Court of the United States, upon petition, under the act of \u00cd ongress of March 2d, 1867, there being no Controversy between a citizen of this State \u00e1nc\\ a citizen of another State.\nPetition in this Court for the removal of a cause, brought up by appeal from the Superior Court -of Halifax, to the Circuit Court of the United States for the District of North Carolina.\nThe opinion of the Court contains a sufficient statement of the case.\nSmith and Peebles c\u00a7 Peebles, for the plaintiffs-.\nStrong, for the defendant."
  },
  "file_name": "0391-01",
  "first_page_order": 401,
  "last_page_order": 402
}