Taylor v. Van Atta

OTIS, District Judge.

This ease was removed by the nonresident defendant and a motion to remand has been filed by the plaintiff.

It appears from the face of the petition that it is a joint action for negligence against tho removing defendant and the resident defendant. The sheriff made a non est return as to the resident defendant. He had not boon served with summons on the first day of the return term. A petition and bond for removal were filed at a time when only the nonresident defendant had been served with process. Subsequently an alias summons for the resident defendant was asked, was…