First Security Trust Co. v. Henderson Book Reviews

First Security Trust Co. v. Henderson by Supreme Court of North Carolina No. 312 Book Summary

The petition for removal to the District Court of the United States for trial was properly denied. The petitioner first asserted in his answer that the validity of the Higgenbotham assignment would be ""contested herein, if permitted by the court."" Such permission was granted, without prejudice to either of the contestants to file additional pleadings and to make appropriate motions in the cause. The authority to determine the validity of a written instrument, as well as its meaning, is contained in the Declaratory Judgment Act. G.S., 1-254. Thus, having invoked the jurisdiction of the court and sought its indulgence in the matter of filing additional pleadings or motions, the petitioner is in no position to insist upon a removal of the cause to the Federal District Court. Butler v. Armour, 192 N.C. 510, 135 S.E., 350. Other reasons are suggested on brief in support of the judgment denying the petition, but the foregoing will suffice for present purposes. McIntosh on Procedure, 285.

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First Security Trust Co. v. Henderson (Supreme Court of North Carolina No. 312) Book Reviews 2024

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