First Nat. Bank v. Bridgeport Trust Co.

Citations

• 117 F. 969
• 1902 U.S. App. LEXIS 5158

Syllabus

<p>1. Removal oe Causes—Citizenship of Parties.</p> <p>Under Act Aug. 13, 1888 (1 Supp. Rev. St. U. S. p. 612, § 2), providing for tbe removal from state courts to federal courts of civil suits when the controversy is “wholly between citizens of different states, and which can be fully determined as between them,” a suit by a bank, for the purpose of determining to whom a deposit should be paid, against the administrator of the deceased depositor, a citizen of the state, who claims the deposit as a part of the estate of the deceased, and against a third person, a citizen of another state, who claims the deposit, is properly removed from the state court to the federal court, for the suit is wholly between citizens of different states, and can be fully determined as between them.</p> <p>2. Same—Transposing Parties.</p> <p>It is the duty of the court to transpose the parties by placing the administrator and third person on opposite sides, and thus retain jurisdiction.</p> <p>8. Same—Petition fob Removal—Joinder of Husband in Wife’s Petition.</p> <p>The failure of the husband of the third person to join in the petition for removal is immaterial.</p>