Melville Fuller

“ He alone, of all the parties, is, in a legal sense, interested in the enforcement of liability upon the township. It is therefore a suit in which there is a single controversy, embracing the whole suit, between citizens of different states, one side of which is represented alone by Kernochan, a citizen of Massachusetts, and the other by citizens of Illinois.' There the bonds were all owned and held by Kernochan, while here they are in large part held and owned by citizens of Kentucky. ”

“ The federal courts were open to them for the pursuit of the remedies which the law afforded. When they voluntarily submitted themselves to the jurisdiction of the state court, they became so associated with the resident bondholders as to render it impossible for them to contend that the controversy which involved all was separable as to them, and that they were thereby enabled to transfer the particular suit, as it affected all the defedan ts, to the circuit court. ”

“ And while the two Kentucky bondholders, on the day of the order of removal, withdrew the motion to dissolve and the demurrer, so far as they were parties thereto, and declared that they had no defense to make to the bill, because, as alleged in their affidavits, they believed that the justice of the cause was with the plaintiffs, and they therefore did not choose to resist in the premises, denying at the same time all collusion, yet this is not a controlling circumstance, in view of the frame of the bill. ”