Lathrop Shea & Co. v. Interior Construction Co., 215 U.S. 246 (1909)

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Lathrop Shea & & Henwood Company v. Interior

Construction and Improvement Company
No. 2

Argued October 22, 1909
Decided December 6, 1909
215 U.S. 246

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF NEW YORK

Syllabus

Where plaintiff in good faith insists on the joint liability of all the defendants until the close of the trial, the dismissal of the complaint on the merits as to the defendants who are citizens of plaintiff’s state does not operate to make the cause then removable as to nonresident defendants and to prevent the plaintiff from taking a verdict against the defendants who might have removed the cause had they been sued alone, or if there had originally been a separable controversy as to them.

The facts, which involve the validity of the removal of a cause to the federal court, are stated in the opinion.