Burleson v. . Snipes

Pee Cueiam.

It has been uniformly held by this court that the right of removal of a cause from a state court to the United States Court on the ground of separable controversy must be determined by the facts set forth in the complaint. Timber Co. v. Ins. Co., 190 N. C., 801; Hughes v. R. R., 210 N. C., 730; Rucker v. Snider Bros., 210 N. C., 777. In the instant case the complaint alleges a cause of action against the resident defendant Snipes and the petitioner for damages for failure to surrender an automobile title certificate. The plaintiff alleges that this certificate had been attached to…