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Calcagno v. Overby

John J. Calcagno v. A. L. Overby and A. H. Williams.

Calcagno v. Overby, 7 S.E.2d 557 (N.C. 1940)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
March 20, 1940
Judges
PER CURIAM.
Citations
7 S.E.2d 557217 N.C. 3231940 N.C. LEXIS 230

Opinion of the Court — Per Curiam

Per Curiam.

The motion for removal as a matter of right was denied by the court below on the ground that the motion was not made in apt time. It appeared that summons was served, and complaint filed 5 July, 1939. On August 4, 1939, the following order was entered by the clerk of the Superior Court: “Upon motion of defendant A. L. Overby, and by consent, it is ordered and adjudged that the defendant A. L. Overby shall have to and through August 23, 1939, to file answer in this action.” On 11 August, 1939, motions for removal were made by defendants Overby and Williams.

It is apparent that the motions to remove as a matter of right came too late. Defendant Overby’s motion and agreement to extend the time to file answer was an acceptance of the jurisdiction and waived the right *324 to remove on that ground.

Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; McIntosh Prac. & Proc., 280. Defendant 'Williams’ motion was made after the time for answering had expired. C. S., 470;

Lumber Co. v. Arnold, 179 N. C., 269 , 102 S. E., 409 .

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 11952: 11965: 12010: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Nello L. Teer Co. v. Hitchcock Corp.71 S.E.2d 54 (N.C. 1952)
  2. Goff v. Superior Courts in and for Counties of Pima and Maricopa409 P.2d 60 (Ariz. Ct. App. 1965)
  3. Wiggins v. Finch61 S.E.2d 72 (N.C. 1950)
  4. Roberts ex rel. Perry v. Adventure Holdings, LLC703 S.E.2d 784 (N.C. Ct. App. 2010)

Most recent

  1. Roberts ex rel. Perry v. Adventure Holdings, LLC703 S.E.2d 784 (N.C. Ct. App. 2010)
  2. Goff v. Superior Courts in and for Counties of Pima and Maricopa409 P.2d 60 (Ariz. Ct. App. 1965)
  3. Nello L. Teer Co. v. Hitchcock Corp.71 S.E.2d 54 (N.C. 1952)
  4. Wiggins v. Finch61 S.E.2d 72 (N.C. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Garrett & Co. v. Bear, 56 S.E. 479 (N.C. 1907) 13
Stevens Lumber Co. v. Arnold, 102 S.E. 409 (N.C. 1920) 3

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