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BARNEY V. LATHAM, 103 U. S. 205 (1880)

U.S. Supreme Court

Barney v. Latham, 103 U.S. 205 (1880)

Barney v. Latham

103 U.S. 205


1. The second clause of the second section of the Act of March 3, 1876, c. 137, 18 Stat., part 3, p. 470, construed, and held that when in any suit mentioned therein there is a controversy wholly between citizens of different states, which can be fully determined as between them, then either one or more of the plaintiffs or the defendants actually interested in such controversy may, on complying with the requirements of the statute, remove the entire suit.

2. The right of removal depends upon the case disclosed by the pleadings when the petition therefor is filed, and is not affected by the fact that a defendant who is a citizen of the same state with one of the plaintiffs may be a proper, but not an indispensable, party to such a controversy.

The facts are stated in the opinion of the Court.

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