Henly v. Community Natural Gas Co.

ATWELL, District Judge.

In the state district court the plaintiff sued a nonresident and two local citizens. The nonresident seasonably filed its application to remove. When the case reached this court, a motion to remand was granted. The ease-then went to trial in the state court, and, after the introduction of the testimony, motions by the defendants for an instructed verdict were granted ; the one by the city of Greenville, one of the local defendants, on the ground that notice had not been given to it before instituting the suit, as required by the charter. Therevpon the Community Natural…