Montgomery & Atlanta Motor Freight Lines, Inc. v. Morris

DISSENTING OPINION.

I am of the opinion that this suggestion of error should be sustained. In the original declaration filed herein, Mrs. Frank Morris, administratrix of the estate of Mrs. O.M. Villere, deceased, appeared as the only party plaintiff. After a plea to the jurisdiction of the court had been overruled, the declaration was amended by adding the beneficiaries of the action under the Louisiana statute to the declaration as parties plaintiffs thereto. A petition for the removal of the case to the Federal District Court was then filed, alleging that the new parties plaintiffs are all…