Bowles v. H. J. Heinz Co.
U.S. Circuit Court for the District of Southern New York
At Law. Action by Dwight W. Bowles against H. J. Heinz Company and another. The case having been remanded to the circuit court, plaintiff moves to remand.
1Opinion of the Court
LACOMBL, Circuit Judge.
Plaintiff is a resident of New York, defendants are residents of Pittsburgh, Pa., and nonresidents here. The action is for malicious prosecution, and the defendant corporation only has been served. Within the statutory time it removed the cause *938into this court. Plaintiff moves to remand, contending that the removal was improper because both defendants did not unite in it.
[1] There is no separate controversy, and there is abundant authority for the general proposition that in such a case one of several defendants cannot remove the cause. I concur, however, with Judge…
2Cases cited1 opinion
- Tremper v. SchwabacherU.S. Circuit Court for the District of Washington · 1898
3Cited by13 opinions
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Driscoll v. Burlington-Bristol Bridge Co.District Court, D. New Jersey · 1949
- Hunt v. PearceCourt of Appeals for the Eighth Circuit · 1922
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