Octavia Lowe v. Samuel Garfield Jacobs

This is an appeal from a preliminary injunction granted by the trial court restraining appellants and their attorney from proceeding further in a damage suit filed in a Texas state court after the defendant below had timely and properly 1 removed the suit to the United States District Court. The appellants claim that the suit based on diversity was not removable under the joinder-of-action provisions of 28 U.S.C.A. § 1441(c) and that therefore the state court had the right to proceed as if no removal had been accomplished. Appellee answers that this statute as amended in 1949 expressly…