Patchin v. Hunter

Citations

• 38 F. 51
• 1889 U.S. App. LEXIS 2782

Syllabus

<p>1. Removal op Causes — Separable Controversy — Joint Parties. Separate answers .tendering separate issues interposed by defendants sued jointly do not create separable controversies, within the meaning of the removal acts.</p> <p>2. Same — Non-Service of Joint Dependant. Where, in a suit against a resident living within the district and a non-resident, the cause of action declared upon is joint, the non-service of process upon the resident does not change the character of the suit so as to entitle the non-resident to have it removed as for a separable controversy.</p> <p>3. Same. Nor is the jurisdiction of the federal court in such case aided by Rev. St. U. S. § 737, authorizing the court to entertain jurisdiction as to parties properly before it, notwithstanding the absence of necessary parties not inhabitants of, nor found within, the district where suit is brought, and providing that non-joinder of such parties shall not constitute matter of abatement or objection to the suit.</p>