Shainwald v. Lewis,
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108 U.S. 158 (1883)
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U.S. Supreme Court
Shainwald v. Lewis, 108 U.S. 158 (1883)
Shainwald v. Lewis
Decided March 26, 1883
108 U.S. 158
1. When in the settlement of a controversy, one of the plaintiffs and one of the defendants, necessary parties for the determination of the issues, are citizens of the same state, the cause cannot be removed from the state court under the first clause of § 2 of the Act of March 3, 1875, c. 137, 18 Stat. 470.
2. In the present case, the issue is not a separable controversy which, under the provisions of the second clause in that section, can be so removed.
Appeal from an order of the court below remanding a suit removed into it from a state court of Nevada.