Tate v. Southern Railway Co.

The appeal is prosecuted from an order of the Superior Court denying the petition of the Southern Eailway Company for a removal of the cause to the District Court of the United States for the Western District of North Carolina.

When a motion to remove a cause is made on the ground of a separable controversy, the plaintiff may have the question heard and determined upon the allegations in his complaint and the requisite separability does not exist if according to such allegations the defendants are jointly liable. R. R. v. Thompson, 200 U. S., 206, 50 L. Ed., 441; R. R. v. Miller, 217 U. S.,…