Legal Opinion

Blunt v. Southern Ry. Co.

U.S. Circuit Court for the District of Southern Alabama

Decided August 6, 1907No. 1,285Published

On Motion to Remand to State Court.

1Opinion of the Court

TOURMIN, District Judge.

If there are several coplaintiffs, the intention of the law is that each must be competent .to sue, or if there be several defendants, each defendant must be liable to be sued, in the federal court, or the jurisdiction cannot be entertained. The controversy is not between citizens of different states, unless all the persons on one side of it are citizens of different states from all the persons on the other side. See note to Act March 3, 1875, c. 137, § 1, 18 Stat. 470 [U. S. Comp. St. 1901, p. 508], in 4 Fed. St. Ann. p. 294, and- authorities cited therein.

The test of…

2Cases cited8 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
  3. Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.Supreme Court of the United States · 1903
  4. Fox v. MacKayU.S. Circuit Court for the District of Northern California · 1894
  5. Weaver v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Montana · 1903

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