Bates v. New Orleans, B. R. & V. R.
U.S. Circuit Court for the District of Northern New York
Memorandum of Decision.
1Opinion of the CourtCoxe, J.
The real contention in this case is between the plaintiff and the Louisiana corporations. The defendants McCook and Alexander, who are citizens of New York, are sued merely in their representative character as trustees. Their connection with the controversy is collateral and subsidiary to the main issue. No personal demand is made against them or either of them. Their presence on the record may be necessary to effectuate the relief sought by the plaintiff, but their citizenship ought not to be considered on the question of removal. Bacon v. Rives, 106 U. S. 99; [S. C. 1 Sup. Ct. Rep. 3;] Pond…
2Cases cited3 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Bacon v. RivesSupreme Court of the United States · 1882
- Pond v. SibleyU.S. Circuit Court for the District of Southern New York · 1881
3Cited by2 opinions
- Interstate Refineries, Inc. v. BarryCourt of Appeals for the Eighth Circuit · 1925
- Gill v. Frances Inv. Co.Court of Appeals for the Ninth Circuit · 1927