Moloney v. Cressler
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois; George A. Carpenter, Judge. Suit in equity by Maurice T. Moloney against Alfred D. Cressler and others. From the decree, complainant appeals.
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Appeal from the District Court of the United States for the Northern District of Illinois; George A. Carpenter, Judge. Suit in equity by Maurice T. Moloney against Alfred D. Cressler and others. From the decree, complainant appeals. The appellant, Moloney, a citizen of Illinois, filed his bill in the circuit court for Cook county, against the appellee, Cressler, a citizen of Indiana, joining as parties defendant the members of the copartnership N. W. Harris & Co., a number of whom were citizens of Illinois, others of New York, others of Massachusetts. The allegations of the bill are: In…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). [1] Was the cause properly removed? To ascertain the removability of a cause on the ground of the existence of a separable controversy, these tests are established:(1) There must be a separate and distinct controversy between the removing party and his adversary, which can be fully determined as between them.(2) The whole subject-matter must be capable of. being so determined, and complete relief afforded as to the separate cause of action, without the presence of others originally made parties to the suit. Thayer v. Life Ass’n, 112 U. S. 717, 5 Sup. Ct.…
2Cases cited14 opinions
- Torrence v. SheddSupreme Court of the United States · 1892
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- Geer v. Mathieson Alkali WorksSupreme Court of the United States · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kniess v. Armour & Co.Ohio Supreme Court · 1938
- Ford v. AdkinsDistrict Court, E.D. Illinois · 1941
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
- Roberts v. Underwood Typewriter Co.District Court, D. New Jersey · 1919
- Uden v. Great Northern Const. Co.District Court, W.D. Washington · 1924
5 more not listed; retrieve them via the Exa API.