Diamond State Telephone Co. v. Blake

Citations

• 66 A. 631
• 105 Md. 570
• 1907 Md. LEXIS 56

Syllabus

<p>Removal of Cause to Federal Court and to Another Court of the State — ' Objection by one Defendant to Removal— When Motion to Remove Made too Late — No Severance in Action Against Joint Tortfeasors —Striking- Names of Jurors From Lists — Power of Court to Amend Verdict of Jury.</p> <p>When the plaintiff, a citizen of this State, sues two corporations as joint tortfeasors, one being a domestic and the other a foreign corporation, the latter defendant is not entitled to have the case removed to a United States Court on the ground of diverse citizenship.</p> <p>In an action against two defendants as joint tortfeasors, where both are alleged to be liable for the injury complained of, one defendant is not entitled to demand a severance.</p> <p>A cause cannot be removed to another Court for trial on application of one of the defendants when the removal is opposed by a co-defendant.</p> <p>Code, Art. 51, sec. 13, provides that the lists of jurors in a civil case shall contain twenty names and that the parties may each strike out four persons from the lists and the remaining twelve persons shall thereupon be impanelled and sworn as the petit jury in the cause. Held, that where there are two or more defendants, each one has not the right to strike out four names, but that such right is confined to each side.</p> <p>In an action against'two defendants, the one a domestic and the other a foreign corporation, at the conclusion of the plaintiff’s evidence the Court instructed the jury that there was no evidence to establish the liability of the domestic corporation and that their verdict must be for it. Held, that it was then too late for the other defendant to renew its motion, previously made, to remove the case for trial to a Federal _ Court.</p> <p>A motion by a defendant to remove a cause for trial to another Court of the State was overruled because one of the two defendants objected to the removal. At the end of the plaintiff’s evidence the Court instructed the jury to