The Federal Reporter: With Key-Number Annotations ..., volume 38
The Federal Reporter: With Key-Number Annotations ..., volume 38
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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S. 187, 5 Sup. Ct. Rep. 90. It is also well settled that if a plaintiff has a cause of ac- tion in tort or upon contract against several defendants, which is joint, or, being joint and several, is declared on jointly by the plaintiff, the Digitized by Google 8TANBBOUGH 9. COOK. 873 defendants cannot, by tendering separate issues in their answers, create separable controversies, so as to authorize a removal of the cause. Rail- rottd Go. V. Ide, 114 U. S. 62, 6 Sup. a. Rep. 785; Pirie v. Tvedt, 1...16 U. S. 41, 6 Sup. Ct. Rep. 1034, 1161; Sloanev, Anderaonj 117 U. 8. 276, 6 Sup. Ct. Rep. 730; Inmrance Co. ▼. Huntington, 117 U. S. 280, 6 Sup. Ct. Rep. 733; Brooks v. Oarkj 119 U. S. 602, 7 Sup. Ct. Rep. 301. Under the doctrine of these cases, to sustain the right of removal in the present instance, it must appear from the record that upon the allegations of plaintiff's petition there arises in the cause a controversy capable of separation from the other issues or questions presented by the petition, which, when separated, would be between citizens of different states, and in which Edward Cook would be interested as a defendant.
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