McNaul v. West Indian Securities Corp.
U.S. Circuit Court for the District of Southern New York
Action by Ellery S- McNaul against the West Indian Securities Corporation and others. On motion to remand to state court.
1Opinion of the Court
WARD, Circuit Judge.
The petition for removal alleges that the plaintiff is a citizen of the state of New York, that the petitioner is a citizen and resident of the state of Massachusetts, and that the other defendants who have been served with process are citizens of Delaware and New Jersey. The only ground suggested for removal is that the controversy is wholly between citizens of different states. As all the defendants have not joined in the petition for removal, the cause must be remanded.
The petitioner contends that the practice in this circuit is to permit one defendant to remove, and…
2Cases cited5 opinions
- Mutual Life Ins. v. ChamplinU.S. Circuit Court for the District of Southern New York · 1884
- Garner v. Second Nat. Bank of ProvidenceU.S. Circuit Court for the District of Southern New York · 1895
- Gates Iron Works v. James E. Pepper & Co.U.S. Circuit Court for the District of Kentucky · 1899
- Smith v. HortonU.S. Circuit Court for the District of Southern New York · 1881
- In re GardenDistrict Court, N.D. Alabama · 1899
3Cited by2 opinions
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Rodgers v. Gaines Brothers Co.Missouri Court of Appeals · 1927