| 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... | |
| 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... | |
| 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... | |
| 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... | |
| American Bar Association - Law - 1887 - 460 pages
...different States. 3d. When in any suit there is a controversy wholly between citizens of different States, which can be fully determined as between them, then either one or more of the defendants interested in such controversy may remove the suit. 4th. The application for removal must... | |
| Law reports, digests, etc - 1897 - 2078 pages
...for the 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 reports, digests, etc - 1895 - 2084 pages
...as to bring it within the third clause of section 2 of the act of August 13, 1888, which enacts that "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... | |
| Law reports, digests, etc - 1894 - 2074 pages
...18S7, as amended by the act of August 13, 1888, under which this action was removed, reads as follows : "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 reports, digests, etc - 1884 - 1902 pages
...the removal act of 1875 declares that when, "in any suit between citizens of different states, * *i * there shall be a controversy which is wholly between...either one or more of the plaintiffs or defendants may remove," etc. Here is an explicit declaration that the cause may be removed by either one of the... | |
| Law reports, digests, etc - 1893 - 2192 pages
...the second section of the act of 1887 it is provided as follows: "And when, in any suit mentioned iu this section, there shall be a controversy which is...determined as between them, then either one or more of the de-fondants actually interested in such controversy may remove said suit into the circuit court of... | |
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