The question of fact, whether Van Dyke was made a party for the sole purpose of preventing a removal of the action, etc., can finally be determined only by the federal court. Burlington, c., Railway Co. v. Dunn,122 U.S. 513. Whether it is or is not expedient to try the question here is a question of fact for the trial term.

Case discharged.

SMITH, J., did not sit: the others concurred. *Page 629