People ex rel. Calderwood v. Hager

Citations

• 20 Cal. 167

Syllabus

<p>To authorize a transfer of an action, in which there are several defendants, from a State Court to the United States Court, under the provisions of the Judiciary-Act of 1789, on the ground of the alienage of parties defendant, all of the defendants must be within the description of the persons entitled to a transfer, and all must join in the application.</p> <p>Thus, where in an action of ejectment commenced in a State Court against several defendants, some of whom were citizens of the United States and of this State, and one of whom was an alien residing in this State, an application was made by the alien defendant alone for a transfer of the case to the United States Circuit Court, under the provisions of said Act, which was denied: Held, that the denial was proper.</p>