Majority
p. 609No. 756. Southern Railway Company v. A. D. Watts, Individually, etc., et al.; Atlantic Coast Line Railroad Company v. A. D. Watts, Commissioner of Revenue, etc., et al.; Seaboard Air Line Railway Company v. A. D. Watts, Individually, etc., et al.; and Norfolk Southern Railroad Company v. A. D. Watts, Commissioner of Revenue, etc., et al. No. 724. No. 744. No. 727. Motion for substitution submitted March 19, 1923. Order entered April 9, 1923.
Syllabus
Appeals from the District Court of the United States for the Eastern District of North Carolina.Mr. S. R. Prince, Mr. Thomas W. Davis, Mr. James F. Wright, Mr. Murray Allen and Mr. W. B. Rod-man, for appellants, in support of the motion.
The motion to substitute the new Commissioner of Revenue, R. A. Daughton, for the ex-Commissioner of Revenue, A. D. Watts, is granted, on the ground that such substitution is authorized by § 461, Consol. Stats. N. Car. 1919, as construed by the Supreme Court of North Carolina in Davenport v. McKee, 98 N. Car. 500.