Legal Opinion

Branchville Motor Co. v. American Surety Co. of New York

District Court, E.D. South Carolina

Decided July 31, 1928PublishedCited by 11 opinions

1Opinion of the Court

ERNEST F. COCHRAN, District Judge.

The plaintiff brought this case in the state court. The American Surety Company removed the same to this court, and the plaintiff has now made a motion to remand. The surety company maintains that there is a separable controversy between it and the plaintiff, with which the defendant Grimes has no connection, and to which he is not a necessary or even a proper party. The plaintiff contends that the complaint sets forth a joint cause of action against the two defendants.

The plaintiff is a corporation under the laws of South Carolina, and the surety company is…

2Cases cited4 opinions

  1. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
  2. Hay v. May Department Stores Co.Supreme Court of the United States · 1926
  3. Hamilton v. Empire Gas & Fuel Co.Court of Appeals for the Eighth Circuit · 1924
  4. Lynes v. Standard Oil Co.District Court, E.D. South Carolina · 1924

3Cited by11 opinions

  1. Sanders v. Atlantic Coast Line R. Co.District Court, E.D. South Carolina · 1929
  2. Johnson v. MarshDistrict Court, D. Nebraska · 1943
  3. Hilton v. Southern Ry. Co.District Court, W.D. South Carolina · 1937
  4. Nelson v. Camp Mfg. Co.District Court, D. South Carolina · 1942
  5. Daniel v. BurdetteDistrict Court, W.D. South Carolina · 1938

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