97 S.E. 705 | S.C. | 1918
December 30, 1918. The opinion of the Court was delivered by This is an action for damages, alleged to have been sustained through the wrongful acts of the defendants.
The defendant, American Agricultural Chemical Company, filed a petition, bond, and affidavits for the removal of the case to the District Court of the United States for the Eastern District of South Carolina, and subsequently made a motion before his Honor, T.J. Mauldin, Circuit Judge, for an order that the case be removed, which motion was refused and the said defendant appealed. The complaint, the petition, and the exceptions will be reported.
In the case of Chicago etc. v. Whiteaker,
The motive of plaintiff in joining an impecunious railway employee as a codefendant with a nonresident railway corporation in a negligence suit is not material upon the question of the right of the latter to remove the cause to Federal Court, if such defendants are jointly liable under the local laws. *245
In Southern Railway Co. v. Lloyd,
The cases of Ellis v. Railway,
Having reached this conclusion, further discussion is unnecessary.
Appeal dismissed.