Postal Telegraph-Cable Co. v. Puckett
Court of Appeals of Georgia
Petition for removal of cause; from Muscogee superior court— Judge Howard. February 24, 1919. Application for certiorari was denied by the Supreme Court. This suit was filed in'the superior court of Muscogee county against the Postal Telegraph-Cable Company and M. C. Welch as joint tort-feasors.
Read the full summary
Petition for removal of cause; from Muscogee superior court— Judge Howard. February 24, 1919. Application for certiorari was denied by the Supreme Court. This suit was filed in'the superior court of Muscogee county against the Postal Telegraph-Cable Company and M. C. Welch as joint tort-feasors. The Telegraph Company, being a non-resident corporation, sought to remove the cause to the Federal court, its petition for removal being based on two grounds: (1) that a separable controversy, was stated in the plaintiff’s declaration; and (2) that there was a fraudulent joinder of the defendant…
1Opinion of the CourtSmith, J.
[After stating the foregoing facts.) There is but one question presented, to wit: the correctness of the ruling upon the petition for removal to the Federal court. Whether an action is joint' or several is a question for the State court to determine. Rountree v. Mt. Hood R. Co., 228 Fed. 1010; Alabama Great Southern Ry. Co. v. Thompson, 200 U. S. 206 (26 Sup. Ct. 161, 50 L. ed. 441, 4 Ann. Cas. 1147); Wecker v. National Enameling Co., 204 U. S. 176 (27 Sup. Ct. 184, 51 L. ed. 430, 9 Ann. *461Cas. 757). It is well settled that a plaintiff may elect his own method of attack (5 Fed. Stat. Ann. 138,…
2Cases cited23 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atlantic Coast Line Railroad v. KnightCourt of Appeals of Georgia · 1933
- Fowlkes v. Ray-O-Vac Co.Court of Appeals of Georgia · 1935
- Southeastern Greyhound Lines v. EstesCourt of Appeals of Georgia · 1942
- Thompson v. Pan American Petroleum Corp.Court of Appeals of Georgia · 1933
- Phillips v. International Agricultural Corp.Court of Appeals of Georgia · 1936
3 more not listed; retrieve them via the Exa API.