Page:Federal Reporter, 1st Series, Volume 5.djvu/20

 O FEDESAL EEPORTEK. �controversîea in the suit authorizes its removal upon the application of either of the parties thereto; that is, ail of the parties on either side of them. �But Hawkett did not apply for the removal, and although he has now no interest in the subject-matter of the suit, and mightj therefore, be regarded as a mere nominal party, still, as it is claimed that he is personally liable to the plaintifï in this suit, upon bis alleged promise to pay the debts assumed by Hawkett & Kobinson at the time they purchased the property, it -wiU be assumed that the cause was not removable under the first clause of the section. �The second clause of the section has not been passed upon by the supreme court, but in Taylor v. Rockefdler, 18 Law Eeg. 301, Mr. Justice Strong expresses the opinion that under this clause, whenever, in a suit mentioned in the section, there is a controversy, even if it is not the main controversy therein, which is wholly between citizens of different states, and whioh ca,n be fully determined as between them, then any one of the plaintiffs or defendants actually interested in such con- troversy may remove the suit into the circuit court. He says : "The right of removal is given where any one of those controversies is wholly between citizens of different states, and can be fully determined as between them, though there may be other defendants actually interested in other contro- versies embraced in the suit. The clause, 'a controversy which can be fully determined as between them,' read in connection with the other words, 'actually interested in such controversy,' implies that there may be other parties to the suit, and even necessary parties, who are not entitled to ' remove it. • • * Indeed, according to the literal reading of the statute, (a reading quite in harmony with the constitu- tion,) the right of removal and the jurisdiction of this court exist, though the controversy between the plaintiffs and defendants, who are the petitioners for the removal, be not the main controversy in the case. » • * A.nd there is no necessary embarrassment attending such removal. The entire suit is removed because of the controversy it involves between citizens of different states, and the circuit court, having ����