13 F. 241 (N.D.N.Y. 1882), Connell v. Utica, U. & E.R. Co.

Citation:13 F. 241
Party Name:CONNELL, Adm'r, etc., v. UTICA, U. & E.R. CO. and others.
Case Date:July 28, 1882
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 241

13 F. 241 (N.D.N.Y. 1882)

CONNELL, Adm'r, etc.,

v.

UTICA, U. & E.R. CO. and others.

United States Circuit Court, N.D. New York.

July 28, 1882

S. H. Wilcox, for plaintiff.

J. H. Choate, for defendant King.

BLATCHFORD, Justice.

This suit was not removable under the first clause of section 2 of the act of March 3, 1875, because all the parties on one side of the controversy were not citizens of different states from those on the other, and also because all the defendants did not petition for removal. Nor was the suit removable under the second clause of that section, because there was not in the suit a separate controversy wholly between citizens of different states. To entitle a party to a removal under the second clause there must exist in the suit a separate and distinct cause of action, in respect to which all the necessary parties on one side are citizens of different states from those on the other. Hyde v. Ruble, 3 Morr.Trans. 516. The present case does not fall within that of Barney v. Latham, 103 U.S. 205. The decision of the state court, at the special and general terms, that the cause of action is entire, is a decision which it is proper for this...

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