Levy v. O'Neil
New York Court of Common Pleas
Petition for removal of cause. George S. Levy sued Fitzgibbons and O’Neil for an accounting and settlement of the copartnership affairs of the firm of Levy & Fitzgibbons. The defendant O’Neil, being a non-resident, now applied on petition for a removal of the cause, as to him, to the United - States circuit court for the southern district of New York.
1Opinion of the CourtRobinson, J.
The only ground on which this application by one of several defendants could be sustained (O’Neil, only, being a non-resident, and the sum in controversy exceeding five hundred dollars in value), would be that alleged in the petition : that the suit is one in which there can be a final determination of the controversy, so far as it concerns him, without the presence of the other defendant, Fitzgibbons.
If such an allegation were to be accepted as final and conclusive on this court, without regard to its own records, he would be entitled to his motion.
But I do not understand any such effect…
2Cases cited2 opinions
- Redmond v. RussellNew York Supreme Court · 1815
- Anderson v. Manufacturers' BankNew York Supreme Court · 1862