Schindler v. Wabash R.

REEVES, District Judge.

Several questions have been raised by the parties on the motion to remand in this case. The plaintiff is a resident of Missouri and the corporate defendant. is a non-resident. Two local defendants fictitiously named as John Doe and Richard Roe were joined as defendants.

The averments of the complaint are sufficient to show joint liability. However, the corporate removing defendant alleged that such averments were merely colorable and that there was no intention on the part of plaintiff to endeavor to obtain judgment against said resident defendants. The petition to…