 | Law - 1887 - 652 pages
...States for th- proper district by the defendant or defendants therein being non-residents of that State; and when in any suit mentioned in this section there...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the... | |
 | Law - 1927 - 224 pages
...removal based on a separable controversy is sentence 3 of Sec. 28 of the Judicial Code, which provides : When in any suit mentioned in this section there shall...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of... | |
 | Law - 1915 - 520 pages
...support of this ruling there is cited section 28 of the judicial code which provides that: "When * * * there shall be a controversy which is wholly between...determined as between them, then either one or more of the defendants" may remove it. It seems to us that this section in no way refers to separableness. It only... | |
 | Law - 1891 - 580 pages
...removable act oC 1888, § 2, providing that one of several defendants may remove any suit, In which "there shall be a controversy, which is wholly Between...which can be fully determined as between them."— In re San Antonio $ AP Ry..Co., US 0. O. (Tex.), 44 Fed. Rep. 145. 95. REPLEVIN— Damages.— In replevin... | |
 | Law - 1889 - 538 pages
...that in cases coming within the removal act of 1887, § 2, cl. 3, providing that suits "which include a controversy which is wholly between citizens of...and which can be fully determined as between them, are removable by either one or more of the defendants actually interested," the right of removal is... | |
 | Henry Winthrop Ballantine - Bar examinations - 1927 - 1166 pages
...Decennial Digests, Removal of Causes C~^67, 68. Judicial Code, § 28, on the ground that in the suit is a "controversy which is wholly between citizens of...and which can be fully determined as between them." This is called a "separable controversy." But this "separable controversy" must be a principal controversy,... | |
 | Seymour Dwight Thompson, Joseph Wesley Thompson - Corporation law - 1927 - 1048 pages
...circuit court for any of the reasons enumerated in the two preceding paragraphs, and which include a controversy which is wholly between citizens of...and which can be fully determined as between them, are removable by either one or more of the defendants actually interested in such controversy."74 An... | |
 | Law - 1878 - 546 pages
...said suit into the Circuit Court of the United States." Further: (2) " And when in any suit," etc., there shall be a controversy which is wholly between...citizens of different states, and which can be fully decided as between them, then either one or more of the plaintiffs or defendants actually interested... | |
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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... 
