Fenner v. Richmond Cedar Works

The sole question presented by the record is whether or not this cause is removable, and the answer to this question depends upon the construction of the complaint and the determination of whether or not the petition is sufficient to defeat the jurisdiction of the State court. The petition for removal rests upon two contentions:(1) That the controversy is separable.(2) That there is a fraudulent joinder of a resident defendant.

Tbe pertinent decisions of tbis Court and of tbe Federal Courts are to tbe effect tbat tbe complaint is tbe basis for determining tbe question of separability: Timber…