United States Supreme Court Cases & Opinions

U.S. Supreme Court

Laidly v. Huntington, 121 U.S. 179 (1887)

Laidly v. Huntington

Argued March 22, 1887

Decided April 4, 1887

121 U.S. 179

Syllabus

In a suit by a widow in a court of the state of which she is a citizen seeking to have dower assigned to her in land within the state conveyed by her husband to A, a citizen of another state, and by the latter conveyed to a corporation created under the laws of the state in which the land lies, to which suit A is made party defendant, there is no separable controversy (if there be any controversy at all) as to A, which warrants its removal to a circuit court of the United States.

A petition for removal filed after the case has been heard on demurrer on the ground that the bill does not state facts sufficient to entitle the complainant to the relief prayed for, and after a decree sustaining the demurrer, is too late.

This was an appeal from a decree overruling a motion to remand the cause to the state court from whence it had been removed, and from the final decree in the cause. This Court disposed of the case only on the first issue. The case is stated in the opinion.

Page 121 U. S. 180