Winchester v. Loud - 108 U.S. 130 (1883)
U.S. Supreme Court
Winchester v. Loud, 108 U.S. 130 (1883)
Winchester v. Loud
Decided March 19, 1883
108 U.S. 130
Hyde v. Ruble, 104 U. S. 407, that
"a suit cannot be removed from a state court to the circuit court unless either all the parties on one side of the controversy are citizens of different states from those on the other side, or there is in such suit a separable controversy wholly between some of the parties, who are citizens of different states which can be fully determined as between them"
This was a suit in equity begun in a state court of Michigan by Henry M. Loud, the appellee, a citizen of Michigan, against Charles Winchester and Herbert F. Whiting, citizens of Massachusetts, and George E. Wasey, Henry N. Loud, and Aaron F. Gay, citizens of Michigan, and removed to the Circuit Court of the United States for the Eastern District of Michigan at the instance of the defendant Winchester on the ground, as stated in the petition for removal,
"That the principal controversy in said suit is wholly between said plaintiff (Henry M. Loud) and your petitioner (Winchester) who are citizens of different states, and which controversy can be fully determined as between them, and that your petitioner is actually interested in said controversy."
When the copy of the record was filed in the circuit court, that court remanded the suit to the state court. From an order to that effect this appeal was taken.