Wecker v. National Enameling & Stamping Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. The facts are stated in the opinion. In order to justify removal on the ground of improper join-der of the resident defendant, it was necessary for the removal petitioner to both allege and prove that the allegation of joint liability made in the complaint was fraudulently made. There was no evidence even tending to show such fraud. Alabama Gt.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. The facts are stated in the opinion. In order to justify removal on the ground of improper join-der of the resident defendant, it was necessary for the removal petitioner to both allege and prove that the allegation of joint liability made in the complaint was fraudulently made. There was no evidence even tending to show such fraud. Alabama Gt. Southern v. Thompson, 200 U. S. 206; Louisville Ry. Co. v. Wangelin, 132 U. S. 599, 601; Plymouth cfee. Co. v. Amador &c. Co. 118 U. S. 264, 270; Hukill v. Railway…
1Opinion of the CourtJustice Day
This case is certified here from the Circuit Court of the United States for the Eastern District of Missouri under section 5 of the Court of Appeals Act of March 3, 1891 (26 Stat. 827), upon a question of jurisdiction,
Conrad Wecker, the plaintiff below, brought his action in the Circuit Court of the city of St. Louis, State of Missouri, against the National Enameling and Stamping Company, Harry Schenck and George Wettengel, undertaking to recover jointly against the National Enameling and Stamping Company, a corporation of the State of.New Jersey, and Schenck and Wettengel, residents of the…
2Cases cited2 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- McLish v. RoffSupreme Court of the United States · 1891
3Cited by257 opinions
- Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
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