Fletcher v. Burt

Citations

• 126 F. 619
• 14 Ohio F. Dec. 273
• 1903 U.S. App. LEXIS 4348

Syllabus

<p>1. Removal of Causes — Procedure after Removal — Reforming Pleadings.</p> <p>Where an action brought in a state court under a Code which abolishes forms of action is removed into a federal court, where different modes of procedure obtain in cases at law and in equity, it becomes necessary to determine the nature of the case, and to assign it to the law or equity side of the court accordingly, and to reframe the pleadings if necessary.</p> <p>2. Parties — Joinder of Causes of Action — Federal Courts.</p> <p>A bondholder of an insolvent railroad company whose property has been sold in foreclosure proceedings, suing on behalf of himself and other bondholders, stockholders, and general creditors, cannot maintain an action at law in a federal court to recover a judgment for damages against a former receiver for alleged fraudulent acts in depreciating the value of the property prior to the sale, and the rule is not changed by the fact that the action was instituted in a state court under a Code which abolishes all forms of action, and adopts the equity rule as to parties and the joinder of causes of action.</p> <p>3. Removal of Causes — Election of Plaintiff as to Form of Action.</p> <p>On the removal of a cause instituted as one at law to recover a judgment for damages, but which is not maintainable as such in the federal court, where a demurrer on that ground was rightly sustained, and the plaintiff declined to amend his pleading to bring the case into the equity side of the court, but sued out a writ of error, he is bound by his election, and the judgment dismissing his action will be affirmed.</p>