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GRAVES V. CORBIN, 132 U. S. 571 (1890)

U.S. Supreme Court

Graves v. Corbin, 132 U.S. 571 (1890)

Graves v. Corbin

Nos. 155, 980

Argued December 10, 12-13, 1889

Decided January 6, 1890

132 U.S. 571


A bill in equity was filed in a state court by a creditor of a partnership to reach its entire property. The prayer of the bill was that judgments

Page 132 U. S. 572

confessed by the firm in favor of various defendants, some of whom were citizens of the same state with the plaintiff, might be set aside for fraud. On the allegations of the bill, there was but a single controversy, as to all of the defendants. One of the defendants, who was a citizen of a different state from the plaintiff, removed the entire cause into a circuit court of the United States. After a final decree for the plaintiff, and on an appeal therefrom, this Court held that the case was not removable under § 2 of the Act of March 3, 1875, 18 Stat. 470, and reversed the decree and remanded the case to the circuit court with a direction to remand it to the state court, the costs of this court to be paid by the petitioner for removal.

In equity. The cause was argued in fall on the merits. The case is stated in the opinion.

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