Evans v. Felton

Citation96 F. 176
Decision Date27 July 1899
Docket Number24,799.
PartiesEVANS v. FELTON. BIRCH v. SAME.
CourtUnited States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)

F. J. Woolley, for plaintiff.

Rufus S. Simmons, for defendant.

KOHLSAAT, District Judge.

Defendant's contention in support of the proposition that the controversy herein is severable as to him is that the declaration fails to state a cause of action as against him, while it does state a good cause of action against the other defendant. The declaration charges that the two defendants jointly committed the tort. It is admitted that, if the averments of fact were sufficient to support this charge, the cause would not be severable. Railroad Co. v. Wangelin, 132 U.S. 599, 10 Sup.Ct. 203. I hold that, under the facts in this case, where the declaration in form charges a joint tort against two or more defendants, the question of whether or not the declaration states facts sufficient to establish a good cause of action against either of the defendants is one for the determination of the state court. The cause is remanded.

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4 cases
  • Schwyhart v. Barrett
    • United States
    • Court of Appeals of Kansas
    • June 28, 1910
    ...... U.S. 602; Railroad v. Grayson, 119 U.S. 240; In. re Jarnecke Ditch, 69 F. 171; Cane v. Indianapolis, 82 F. 772; Evans v. Felton, 96 F. 176. (7) The statement in the petition for removal that the. defendants Reed, Novak and Barrett were made defendants for. the ......
  • Broadway Ins. Co. v. Chicago G.W. Ry. Co.
    • United States
    • U.S. District Court — Western District of Missouri
    • May 7, 1900
    ...... maintained on its merits, cannot affect the question of. removal; 'that being a matter for the determination of. the state court. ' Evans v. Felton (C.C.) 96 F. 176. . . Was the. case removable because of the suggestion of a constitutional. question made in the petition ......
  • Adams v. Tolerton
    • United States
    • U.S. District Court — Northern District of Oklahoma
    • November 18, 1927
    ...good cause of action. These matters are for the decision of the court which finally tries the case." This rule was followed in Evans v. Felton (C. C.) 96 F. 176, and Birch v. Felton (C. C.) 96 F. 176, and approved in the case of Broadway Insurance Co. et al. v. Chicago G. W. Ry. Co. et al. ......
  • Price v. Board of Chosen Freeholders of Passaic County
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 1, 1899

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