Howell Edmunds Jackson

“ The Union Savings Association, being the bailee or trustee of the bonds, was a necessary and indispensable party to the relief sought by the petition; and, that defendant being a citizen of the same state with the plaintiff, there was no right of removal on the part of Montague or of the intervening defendant, the Oswego township, on the ground that the Union Savings Association was a formal, unnecessary, or nominal party. ”

“ The defendant also stated that it was ready and willing to surrender the bonds to the party or parties legally entitled thereto whenever it was settled in such manner as to protect defendant from further responsibility, and prayed that all claimants and the parties in interest might be brought into court and interplead for the bonds, and that it might be allowed a reasonable compensation for the custody thereof since the year 1873, and also a reasonable allowance for attorney's fees. ”

“ Davis, 18 How. 467, where formal or nominal parties were united with the real parties to the litigation, it was held that such joinder would not oust the jurisdiction of the federal court, if the citizenship of the real, parties was such as to confer it ”