Marx v. Shiya

HULBERT, District Judge.

The motion is to remand. The action was commenced in the Supreme Court of the State of New York, County of New York and removed here on application of the defendant who, thereupon promptly filed his answer.

The complaint alleges that the plaintiffs are residents of the City, County and State of New York, and the defendant is a nonresident of the State of New York, and the amount involved exceeds $3,000, exclusive of interest and taxable costs and disbursements.

The ground upon which the plaintiffs seek to remand is “that the action is in rem” and therefore not removable.

F…