Fitz Gerald v. Thompson, 222 U.S. 555 (1912)

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Fitz Gerald v. Thompson

No. 849

Submitted December 18, 1911
Decided January 15, 1912
222 U.S. 555

ERROR TO THE SUPREME COURT

OF THE STATE OF PENNSYLVANIA

Syllabus

Where the record plainly shows that to convert a party defendant into a party plaintiff would be wholly inconsistent with the relief which it is the object of the suit to obtain, the court will not realign such defendant as a plaintiff so as to enable another defendant to remove the case to the federal court.

Where, as in this case, the plaintiffs charge one of the defendants with repudiation of obligations and ask his removal as trustee, the claim made at the instance of a codefendant seeking to remove the case, that he should be realigned as a party plaintiff, is manifestly frivolous.

The facts are stated in the opinion.