Ivy River Land & Timber Co. v. American Insurance

The cause of action alleged against the defendant, the American Insurance Company, a New Jersey corporation, must be separate and distinct, that is, separable from the cause of action alleged against the Dixie Eire Insurance Company, a North Carolina corporation, in order to permit the removal to the District Court of the United States for the Western District of North Carolina.

This separability depends upon whether the cause of action is several or joint. Bank v. Hester, 188 N. C., 68; Morganton v. Hutton, 187 N. C., 740. Tbe removal statute, Judicial Code, sec. 28 (U. S., compiled 1918, p.…