...25 Stat. 433. The second section of the acts of 1887 and 1888 provides that when, in any such suit, "there shall be a controversy which is wholly between...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...

...unable, nevertheless, to concur in it. The language of the act of congress, as amended in 1887, is : "And when in any suit mentioned In this section there...different states, and which can be fully determined ns between them, then one or more of the defendants actually interested in said controversy may remove...

...no such separate controversy exists. The second section of the act above referred to is as follows : "When in any suit mentioned in this section there...different states and which can be fully determined between them, then either one or more of the defendants actually Interested in such controversy may...

...the plaintiffs or defendants may have no real interest. The statute says that "when, in any suit, * * there shall be a controversy which is wholly between...and which can be fully determined as between them," etc. It does not say an actual controversy, which would exclude merely nominal parties, nor the principal...

...suit mentioned in the section, there is a controversy, even if it is not the main controversy therein, which is wholly between citizens of different states,...which can be fully determined as between them, then any one of the plaintiffs or defendants actually interested in such controversy may remove the suit...

...nature of that in hand may be removed to the federal court when there shall be a controversy in it which is wholly between citizens of different states,...and which can be fully determined as between them. In Barney v. Latham, 103 US 205, 214, 26 L. Ed. 514, the complainants exhibited a bill against certain...

...Orleans bar. v.lO,no.7— 44 therein 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 plaintiffs or the defendants actually interested in such controversy may, on complying with the requirements of the...

...remand should be denied: "When in any such suit mentioned in this section there shall be a controversy wholly between citizens of different states, and which can be fully determined as between them, then one or more of the plaintiffs or defendants actually interested may remove said suit into the circuit...

...entitled the New Jersey corporation to remove thecause. The petition for removal stated that "there is a controversy which is wholly between citizens of...different states, and which can be fully determined between them, to-wit, a controversy between your said petitioner, which avers that it was at the commencement...

...fully determined as between them. The question which has been argued is whether the record discloses a controversy which is wholly between citizens of...different states, and which can be fully determined without the presence of the Mercantile Trust Company. Succinctly stated, the controversy shown by the...