Abel v. Book

Citations

• 120 F. 47
• 1903 U.S. App. LEXIS 5271

Syllabus

<p>1. Removal of Causes — Diverse Citizenship — Joinder of Defendants— - Waiver of Right.</p> <p>Where, in an action to annul certain conveyances against several defendants, there was no separable controversy, and one of the defendants originally entitled to remove the cause to the federal courts had waived his right by failing to exercise it within the time prescribed, a subsequent joint application for removal could not be granted.</p> <p>¶ 1. Separable controversy as ground for removal of cause to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Mineral Co., 35 C. C. A. 155.</p>