Heffelfinger v. Choctaw, O. & G. R.

Citations

• 140 F. 75
• 1905 U.S. App. LEXIS 4756

Syllabus

<p>1. Removal of Causes — Separable Controversy — Declaration Stating Cause of Action fob Joint Tort.</p> <p>Where the declaration in an action in a state court against several defendants states a cause of action for a joint tort, the action cannot be held to be one involving a separable controversy for the purposes of removal.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Removal of Causes, § 97.]</p> <p>[Ed. Note. — Separable controversy 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> <p>2. Evidence — Judicial Notice — Federal Corporation.</p> <p>For the purposes of the removal of a cause into a federal court, such court will take judicial notice of the fact that a defendant is a corporation created by a law of the United States, and it is immaterial that such fact does not appear from the plaintiff’s declaration.</p> <p>3. Removal of Causes — Federal Question — Petition bt One of Joint Defendants.</p> <p>A case presenting a joint cause of action against several defendants, and in which there is not a separable controversy, is only removable under section 1 of Act March 3, 1887, c. 372, 24 Stat. 552 [U. S. Comp. St. 1901, p. 509], on the ground that it is a suit arising under the Constitution or laws of the United States on a petition in which all of the defendants join.</p> <p>[Ed. Note. — Jurisdiction of federal courts in suits involving federal questions, see notes to Bailey v. Mosher, 11 C. C. A. 308; Montana Ore-Purchasing Co.' v. Mining Co., 35 C. C. A. 7.] '</p>