And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such... Statutes of the United States of America - Page 471by United States - 1875Full view - About this book
| Austin Abbott - Civil procedure - 1877 - 600 pages
...may remove said suit into the circuit court of the United States for the proper district. And [6] " When in any suit mentioned in this section there shall...remove said suit into, the circuit court of the United States for the proper district. " § 3. That whenever either party, or any one or more of the plaintiffs... | |
| Abraham Clark Freeman - Executions (Law) - 1877 - 390 pages
...and then add the following: Your Petitioner states that, in the said suit above mentioned, there is a controversy which is wholly between citizens of...and which can be fully determined as between them, to wit, a controversy between the said petitioner and the said , the said and the said , [naming the... | |
| Law - 1877 - 980 pages
...show a clear intent to work a change. The second clause contemplates only the removal of a suit or controversy which is "wholly between citizens of different states and which can be fully determined between them." If the intention was to remove the entire suit as to all parties, without regard to... | |
| Law - 1877 - 1004 pages
...show a clear intent to work a change. The second clause contemplates only the removal of a suit or controversy which is "wholly between citizens of different states and which can be fully determined between them." If the intention was to remove the entire suit as to all parties, without regard to... | |
| Electronic journals - 1878 - 542 pages
...the provisions of the Act of 1875 upon their own terms. There must be "a controversy which is wlwlly between citizens of different States, and which can be fully determined as between them." Now, what controversy is there in this case that is wholly between the complainant, Donohoe, and the... | |
| Law reports, digests, etc - 1879 - 632 pages
...been removed under any former act. It expressly declares that when in any suit mentioned in the second section, there shall be a controversy which is wholly...controversy, may remove said suit into the Circuit Court. It is not where the controversy, or even the main controversy is between such citizens. The meaning... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...v. The Davenport and St. Paul Railroad Co. as the act of 1866. It must be a suit in which there is a controversy which is wholly between citizens of...and which can be fully determined, as between them, without the presence of the other parties. III. The question of difficulty in the case is, whether... | |
| Asa Iglehart - Civil procedure - 1879 - 1048 pages
...defendants, and then add the following: " Your petitioner states that, in the suit above mentioned, there is a controversy which is wholly between citizens of...and which can be fully determined as between them, to wit, a controversy between the said petitioner and the said , the said and the said (naming the... | |
| Law - 1879 - 552 pages
...removal. Only in the latter case would there be, in the language above quoted from the second section, " a controversy which is wholly between citizens of...different States, and which can be fully determined between them." " But in either case." says Justice Bradley, " it is the suit that is removed, and not... | |
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