Morrison Waite

“ A statute of Pennsylvania passed April 6, 1830, provided as follows: 'In all suits now pending or hereafter brought in any court of record in this commonwealth, against joint and several obligors, copartners, promissors, or the indorsers of promissory notes, in which the writ or process has not been or may not be served on all the defendants, and judgment may be obtained against those served with process, such writ, process, or judgment shall not be a bar to recovery in another suit against the defendant or defendants not served with process.' 1 Brightly, Purd. Dig. ”

“ If the removal should be allowed, and a judgment rendered in favor of Charles H. Brooks, the circuit court would be compelled to carry into execution the judgment of the state court against Josiah D. Brooks, which would in no sense be a judgment of the circuit court, but of the state court alone. As Charles H. Brooks made himself a party to the 'same suit,' he voluntarily subjected himself to the obstacles which were in the way of removing his controversy to the circuit court, and must be governed accordingly. ”

“ Rep. 746; St. Louis, etc., R. Co. v. Wilson, 114 U.S. 60; S.C.. 5 Sup. Ct. Rep. 738; Pirie v. Tvedt, 115 U.S. 41; S.C.. 5 Sup. Ct. Rep. 1034, 1161; Starin v. New York, 115 U.S. 248, 259; S.C.. 6 Sup. Ct. Rep. 28; Sloane v. Anderson, 117 U.S. 275; S.C.. 6 Sup. Ct. Rep. 730; Fidelity Ins. Co. v. Huntington, 117 U.S. 280; S.C.. 6 Sup. Ct. Rep. ”