Legal Opinion

Bachman v. Seaboard Air Line R.

District Court, E.D. South Carolina

Decided December 2, 1948No. Civil Action No. 1954PublishedCited by 5 opinions

1Opinion of the Court

WYCHE, Chief Judge.

This action was brought in the court of common pleas for Lexington county, South Carolina, and within due time, by appropriate proceedings, removed to this court upon the ground of separable controversy. The matter comes before me now upon motion to remand.

Whether a separable controversy exists or not must be determined from an analysis of the complaint. In examining the complaint I must determine what the subject matter is, and the object which is sought by the plaintiff in his pleadings. The question as to whether or not a complaint, which is filed in the state courts,…

2Cases cited13 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  3. Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
  4. Miller v. StrahlSupreme Court of the United States · 1915
  5. Cincinnati, New Orleans & Texas Pacific Railway Co. v. BohonSupreme Court of the United States · 1906

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Butler Mfg. Co. v. Wallace & Tiernan Sales Corp.District Court, W.D. Missouri · 1949
  2. South Carolina State Ports Authority v. Seaboard Air Line RailroadDistrict Court, E.D. South Carolina · 1954
  3. Lady's Island Builders, Inc. v. Eighth Beaufort MCAAS Quarters, Inc.District Court, E.D. South Carolina · 1959
  4. Mayflower Industries v. Thor Corp.Court of Appeals for the Third Circuit · 1950
  5. Mayflower Industries v. Thor Corp.Court of Appeals for the Third Circuit · 1950

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