Winchester v. Loud,
108 U.S. 130 (1883)

Annotate this Case
  • Syllabus  | 
  • Case

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"

adhered to.

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.

Page 108 U. S. 131

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.