Melville Fuller

“ It was adverse to plaintiff, and without his assent, and the trial court rightly held that it did not operate to make the cause then removable and thereby to enable the other defendants to prevent plaintiff from taking a verdict against them. The right to remove was not contingent on the aspect the case may have assumed on the facts developed on the merits of the issues tried. As we have said, the contention that the railway company was fraudulently joined as a defendant had been disposed of by the circuit court. ”

“ The record shows that the circuit court granted the motion to remand on the authority of Thompson v. Chicago, St. P. & K. C. R. Co. 60 Fed. Rep. 773, in which case it was ruled that there was no separable controversy ”