Willard v. Chicago, B. & Q. R.

Citations

• 165 F. 181
• 91 C.C.A. 215
• 1908 U.S. App. LEXIS 4742

Syllabus

<p>1. Removal of Causes (§ 111*) — Jurisdiction of Federal Coukt — Gsounds must Aplusak of Record.</p> <p>The jurisdiction acquired by a federal court by removal is strictly limited to the statutory grounds, and rests solely on the state of facts and controversy of record as brought from the court; of original cognizance, and neither acquiescence of the parties nor the action of the state court can enlarge the statutory jurisdiction of the federal court nor divest that of the state court.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Dec. Dig. §</p> <p>2. Removal of Causes (§ 29*) — Diversity of Citizenship — Joint Action.</p> <p>A joint action brought in a state court of Illinois against a lessor and a lessee railroad company to recover for a personal injury incurred in the operation of the road, in which joint negligence and liability are charged, is not removable by the lessee on the ground that it is a foreign corporation and in the exclusive use and operation of the railroad and alone liable, if there is any liability, for the injury complained of, and that its codefeudant, a. resident corporation, was fraudulently joined, in view of 1 lie established rule iu Illinois which authorized the joinder and joint recovery in such cases in the state courts.</p> <p>TKd. Note. — For other cases, see Removal of Causes, Cent. Dig. § G9; Dec. Dig. S 29.*.!</p> <p>3. Removal of Causes (§ 36*) — Petition for Removal — Allegation of Fraudulent Joinder.</p> <p>An averment of fraudulent joinder in a petition for removal is without force unless proven.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig, § 79; Dec. Dig. § 36.*!</p>