Fitz Gerald v. Thompson

Syllabus

<p>Where the record plainly shows that to convert a party defendant' into- a party plaintiff would be wholly inconsistent with the relief • which it is the object of the suit to obtain, the court will not realign such defendant as a plaintiff so as to enable another defendant to remove the case to the Federal court.</p> <p>Where, as in this case, the plaintiffs charge one of the defendants with repudiation of obligations and ask his removal as trustee, the claim made at the instance of a co-defendant seeking to remove the case, that he should be realigned as a party plaintiff, is manifestly frivolous.</p>