Wecker v. National Enameling & Stamping Co.
Citations
- 204 U.S. 176
- 27 S. Ct. 184
- 51 L. Ed. 430
- 1907 U.S. LEXIS 1539
Syllabus
<p>Where the Circuit Court refuses to. remand, and on the plaintiff declining to recognize its jurisdiction or proceed, dismisses the case and renders judgment that plaintiff take nothing thereby and defendant go hence without day and recover his costs, the judgment is final, so far as that suit is concerned, and the question of jurisdiction can be certified to this court under § 5 of the act of March 3, 1891, 26 Stat. 827.</p> <p>The right-of a non-resident defendant, sued in the state court by an em-ployé for damages, to remove the case to the Federal court cannot be defeated by the fraudulent joinder as co-defendant of another employé, resident of plaintiff’s State, who has no relation to the plaintiff, rendering him liable for the injuries, and the Circuit Court can determine the question of fraudulent joinder on affidavits annexed to the non-resident defendant’s petition for removal to the consideration whereof plaintiff does not object but submits affidavits counter thereto. Alabama Great Southern Railway Co. v. Thompson, 200 U. S. 206, distinguished.</p> <p>Where the direct issue of fraud is involved, knowledge may be imputed to one wilfully closing his eyes to information within reach.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court did not err by considering affidavit testimony when determining whether the plaintiff improperly joined a non-diverse defendant
- holding that fraudulent joinder of a defendant against whom the plaintiff has a bona fide claim, but who is a citizen of the same state as the plaintiff, will not defeat removal
- stating that federal courts should be vigilant to protect the right to proceed in federal court
- stating that federal courts should be vigilant to protect the right to proceed in federal court
- upholding a ruling of fraudulent joinder based on affidavits demonstrating that there was no factual basis for the claim of negligence against the non-diverse defendant
- upholding a ruling of fraudulent joinder based on ■ affidavits demonstrating that there was no factual basis for the claim of negligence against the non-diverse defendant
Source: CourtListener parenthetical corpus (CC0).
Judges: Day
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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