Palomino Mills, Inc. v. Davidson Mills Corp.

The rule by which petitions to remove an action from the State court to the District Court of the United States for trial on the ground of an alleged fraudulent joinder of a resident defendant is aptly stated in the case of Crisp v. Fibre Co., 193 N.C. 77, 136 S.E. 238. It is there held “that when the motion to remove is made on the ground of an alleged fraudulent joinder, the petitioner is entitled to have the State Court decide the question on the face of the record, taking, for this purpose, the allegations of the petition to be true. To warrant a removal in such case, however, the facts…