~   C A S ES
. ABGUED AND DETEBMINED “ ‘ h `
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I 0 O i O 0 ‘ O ‘
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Massa ·v. CUTTING, Jr., and others.
(Oirouit C'0u0•t, 8._D. New York. February'22, 1887.) _ A
Bmmovu. or- CAUSES—AM0UNTIIN Drsrorm. . r V.
18 ST. U. S. 470.) z: . . ‘ ‘
. -. Where suit is brought in a state court by one of a largenumber of owners
of stock, in behalf of himself and all others similarly situated, and the decree
sought on behalf of the orator is less than $500, the defendant is not entitled
to have the cause removed to the United States circuit court, under act of
March 3, 1875, (18 St. U: S. jt'70, § 2,) no others having beco_me plaintiffs, and
tllgsse being no matters in dispute beyond what plamtiif claims m his own be-
In Equity. . . V
r Daniel Muon, for plaintiff. · ’
O'. M. Da. Costa., for defendants. ‘ · r
_ WHEELER, J. This suit was brought in the state court by the orator,
as one of a large number of owners of stock, in behalf of himself. and all
others similarly situatedwho may become plaintiifs. The amount for
which a decree is sought by the orator in his own behalf is much less
than $500. The amount to which all similarly situated would be en-
titled, according to the allegations of the bill, is more; than $90,000.
The defendants removed the cause into this court. The plaintiff moves
to have it _remanded to the state court, on the ground that the matter
in dispute does not exceed the sum or value of $500. Act of March"3,
1875, (section 2, 18 St. 470.) No others having become plaintiffs,
nothing can de decreed to them, and neither they nor the defendants
will be bound by any decree which may be made in the casefas it stood
at the time of removal, and now stands. There is no matter in dispute
yet beyond what the plaintiff claims in behalf of himself. As that is
less than $500, the case has not yet been one in which the matter in dis-
puts exceeds that sum. Upon these considerations the motion to re-
' mand must be granted. Motion granted.
v.30F.no.1 -1