Lake v. Texas News Co.

On Motion for Rehearing of Motion to Remand.

The removing defendant in a vigorous motion for rehearing asserts that here are two causes of aetion, one ex contractu, against it, the other ex delicto, against its codefendant; and that while such actions may be properly joined in one suit under the state practice, this right of joinder does not make a joint aetion out of two' separate ones. It cites Stewart v. Tire & Rubber Co. (C. C. A.) 39 F.(2d) 309, 311, and Lynch v. Insurance Co. (D. C.) 15 F.(2d) 725, to the proposition that “the cause of action does not become joint, or joint and several,…