Horace Gray

“ Beyond doubt, the existing act, like every act which preceded it, does not authorize one defendant to remove a suit into the circuit court of the United States from a state court, upon the ground of prejudice or local influence between himself and other defendants. The whole object of allowing a defendant to remove a suit or controversy into the circuit court of the United States is to prevent the plaintiff from obtaining any advantage against him by reason of prejudice or local influence. ”

“ Under that act, it was held, after able arguments and full consideration, that the phrase, 'a suit in which there is controversy between a citizen of the state in which the suit is brought and a citizen of another state,' had the same meaning as the shorter description, in the act of 1789, of 'a suit between' such parties; that each term implied a proceeding in a court of justice by a party plaintiff against a party defendant; and consequently that all the defendants must be citizens of other states from any of the plaintiffs, and that one of several defendants could not remove the suit. ”

“ The act of 1875 contained nothing concerning removal on the specific ground of prejudice or local influence, and did not repeal clause 3 of section 639 of the Revised Statutes. Society v. Grove, 101 U.S. 610 ”