Hughes v. Southern Railway Co.

The appeal presents the single question whether the facts set forth in the petition of the corporate defendant are sufficient to entitle it to have the case removed to the United States District Court.

The petition for removal is based on the averment that as to the individual resident defendants no cause of action will lie, and that they were joined as parties defendant for the fraudulent purpose of preventing the exercise by the nonresident defendant of its right of removal to the Federal Court.

It seems to be well settled that whether there is a separable controversy is to be determined by…