C A S E S
A ABGUED AND DETERMINED
m THB
• • • • •
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Cunsnr et al. v. McGee0n et al. ‘ .
(Circuit Court, E'. D. Wacanain. December 12, 1888.)
Rnuovn. or CAUSES—ALIENS—SUIT nw Brun or Rnsmnncn.
An alien sued in the state of his residence by citizens of another state upon
an ordinary debt cannot remove the action to the circuit court of the United
States under the provisions of act Cong. March 3, 1887, authorizing removal of
causes "by the defendant or defendants therein not being residents of that
state, " and also the removal of a cause in which there is a controversy “whol1y
between citizens of different states. "
On motion to remand to state court.
, Shepard &: Shepard, for plaintiffs.
Finches, Dynde dc Miller, for defendants. l
GRESHAM, J. This suit was commenced in the circuit court of Mil-
waukee county to recover a debt due the plaintiffs from the defendants
jointly, as copartners. The plaintiffs are citizens of Illinois, McGeoch
is an alien residing in Wisconsin, and some, if not all, of the other de—
fendants are citizens of Illinois. The suit was removed to this court on
the application of McGeoch, who was, and still is, the only defendant
served with process.
It is provided by a Wisconsin statute that in a suit on a joint con-
tract against two or more defendants, when one or more, but not all, are
served with process, judgment may be rendered in form againstall, in-
cluding the defendants not served, and bind the joint property of all, and
the individual property of the defendant served. Rev. St. § 2884. A
single controversy exists between the plaintiffs and McGeoch, and the
case may proceed to trial and judgment against him, although his co-de- V
fendants are not before the court. Not being citizens of Wisconsin, the
v.371;·*.no.1——1