Wirgman v. Persons

Citations

• 126 F. 449
• 62 C.C.A. 63
• 1903 U.S. App. LEXIS 4334

Syllabus

<p>1. Removal of Causes — Diversity of Citizenship — Nominal Parties.</p> <p>Where the only relief prayed for by complainants in a suit in equity was the cancellation of certain deeds through which a defendant claimed title to lands, or that he be decreed to hold the title in trust for complainants, the sole controversy was between complainants and such defendant, and, where there was the requisite diversity of citizenship between them, a removal of the cause was not prevented by the joinder of other nominal defendants, who, as shown by the pleadings, had no interest in the lands.</p> <p>2. Same — Motion to Remand — Review on Appeal.</p> <p>The action of the trial court in overruling a motion to remand made by the removing defendant will not be reviewed by the appellate court on the ground that the evidence showed that another defendant,' who was a citizen of the same state as complainants, was an indispensable party to the controversy, where the evidence is not in the record, and the bill and petition for removal showed the cause to be removable.</p> <p>3. Circuit Court of Appeals — Jurisdiction—Jurisdictional Questions.</p> <p>Where a party, defeated in the Circuit Court, elects to appeal the whole case to the Circuit Court of Appeals, and does so, assigning errors relating to the jurisdiction of the Circuit Court, and also on the merits, the Circuit Court of Appeals has jurisdiction, and may certify the jurisdictional question involved, or decide it, although the other assignments of error are abandoned.</p> <p>IT 1. See Removal of Causes, vol. 42, Cent. Dig. § 70.</p>