Page:Federal Reporter, 1st Series, Volume 5.djvu/14

 a FEDERAL REFOBTEB. �first and second amended complaints, motions to strike out, demurrers, answere, and replications, it was brought to an issue, with two additional defendants, on March 31, 1880. �On June 8, 1880, two of the defendants, Jesse Eobinson and E. G. Eobinson, filed their petition and bond for the removal of the suit to this court under section 2 of the act of March 3, 1875, (18 St. 470,), alleging therein that the plaintiff is a citizen of Oregon, and that the defendant Haw- kett and the petitioners are çitizens of California, and "that there is a controversy in this suit which is ■wholly between the said plaintiff and the said defendants, " Hawkett and the petitioners, "which controversy can be fully detennined as between them;" and finally determined without the presence of the other defendants or any of them as parties in the cause. �On September 3, 1880, the petitioners filed a copy of the record of the suit in this court; and on November 9th the plaintiff moved to remand the cause to the state court. The motion to remand is based upon the foUowing grounds: First, the application to remove was not made in time ; sec- ond, "ail the defendants are not of another state" — meaning, I suppose, that they are not çitizens of another state than the plaintiff ; third, ail the defendants did not join in the appli- cation; &nà,/ourth, "the controversy involved in said suit cannot be fully determined between the parties thereto with- out the presence of McGruder and Haymond, two of said defendants." �The facts and allegations of the case to be considerod in disposing of this motion are: That on July 26, 1878, the plaintiff, being the legal owner of certain mining property known as "The Taylor Claims," situate in Josephine cOunty, Oregon, and described as lot 5, in section 35, S. of E. 7 W., and two certain water-rights and ditches approximate thereto, sold the undivided two-thirds thereof to the defendants Haw- ket and E. G. Eobinson, by a written agreement of that date, wherein and by it was agreed between the parties thereto (1) "to mine and operate said mining property as a company;" (2) that the said defendants would "pay and assume the fol- ����