Pirie v. Tvedt, 115 U.S. 41 (1885)
U.S. Supreme CourtPirie v. Tvedt, 115 U.S. 41 (1885)
Pirie v. Tvedt
Submitted April 24, 1885
Decided May 4, 1885
115 U.S. 41
The filing of separate answers tendering separate issues for trial by several defendants sued jointly in a state court on a joint cause of action in tort does not divide the suit into separate controversies so as to make it removable into the circuit court, under the second clause of § 2, Act of March 3, 1875.
Louisville & Nashville Railroad Co. v. Ide, 114 U. S. 52, where a like decision was made as to actions ex contractu, affirmed and applied.
This was an action in tort commenced in a state court against several defendants on a joint cause of action, removed to the circuit court as a separable controversy after filing of separate answers, and thence remanded to the state court. This writ of error was brought to review this judgment of the circuit court. The facts are stated in the opinion of the Court.