Page:Federal Reporter, 1st Series, Volume 4.djvu/367

 SMITH V, m'eat. 858 �Smith ». MoKat and othera. �{Circuit Court, E, B. Miehigart. November 9, 1880.) �1. REMOTAii— Petition— Parties —AcT of Mahch 3, 1875, 4 2, Fieot �CiiAUSB. — The flrst clause of the second section of the renioval act of March 3, 1875, relates only to cases in which there is a single, indivisi- ble controversy, and in which aU the individuals upon the moving side are neceseary parties to such controversy. In such case ail of tbs individuals upon such side must unite in the petition for removal. �2. Same— Same— Same— Act op Maboh 3, 1875, J 2, Second Clause.— Tho �second clause contemplates cases in which there are persons wbose presence is not necessary to the determination of the main contro- versy ; in which case either one or more of their co-parties may peti- tion for removal, though ail be citizens of the same state. �8. Bamb— Same — Bamb. — Hence, where A., a citizen of New York, sued B., C, D., E., and F., citizens of Michigan, and B. flled a petition for removal, alleging that the controversy was whollybetween the plain- tlff and B., C, D., and B., and that F. was not a necessary party to the trial of such controversy, A«id, that the case was properly removed. �Motion to Eemand. �This was an action of replevîn orîgînally commenced in the etate court by John L. Smith, a citizen of the state of New York, against John McKay, Eugene Eobinson, Jesse H. Far- rell, Henry Eose, (impleaded as John Doe,) and J. P. John- Bon, ail citizens of the state of Michigan. The petition for removal was made by defendant McKay alone, and set forth, în addition to the other material allegations, that he was "a citizen of the state of Michigan; that Eugene Eobinson, Jesse H. Farrell, Henry Eose, (impleaded as John Doe,) were and are also citizens of the state of Michigan, and that the controversy in said suit is and the issues are whollybetween the plaintiff, the petitioner, and the other defendants above named; that the said defendant J. P. Johnson is not a necessary party to or in the trial of said controversy or issues, or any of them, and said Johnson also was and is a citizen of the state of Michigan." Motion was made to remand upon the ground that only one of the defendants petitioned for the removal. �Beakes à Cutcheon, for motion. �Moore e Ganfield, for petitioning defendant. �T.4,no.5— 23 ����