53 F. 305 | U.S. Circuit Court for the District of South Carolina | 1892
This is a, motion to remand. The action began in the court of-common pleas for Berkeley county in the stale of South Carolina. It was removed into ibis court upon the petition of the defendant Bradlev. There are in fact two petitions for removal, but they will he consolidated. Two grounds are'set up: First. That plaintiff is a citizen of South Carolina, and that Bradley, the only real party in interest, is a citizen of the state of Massachusetts; that against (laillard, ihe other defendant, the complaint sets out no cause of action, and that he is joined as a defendant simply to defeat'the jurisdiction of this court. Recond. Even if there he a cause of action against Gfadlard, the complaint shows a separable controversy between Bradley and the plaintiff, and so is removable. On his motion to remand, plaintiff traverses all the allegations of the petitions.
1. It is admitted that 'Bradley is a citizen of Massachusetts, and resides with his family in that state for the greater part of the year; that he owns valuable real estaty in the state of South Carolina, upon which is a. comfortable dwelling; and that once a year, or, at; furthest, two years, he comes and spends about a month in it. This fact does not make him in any sense a resident; of South Carolina, or deprive him of bis right as a citizen of Massachusetts of the privilege of removing a suit into 1 his court.
2. In determining the first ground for removal of the case into this court we must be governed by an inspection of the complaint, assum