Morrison Waite

“ It is divided into three subdivisions, all relating to the removal of suits, but each providing for a separate class. The first embraces the cases provided for in section 12 of the judiciary act of 1789 (1 St. 79, c. 20;) the second for cases in which there is a separable controversy; and the third for cases affected by prejudice or local influence. Each subdivision is complete in itself, and in no way depends on any other. ”

“ This report was filed December 10, 1885, and on the twenty-fourth of the same month the Cambria Iron Company presented a petition for the removal of the suit to the circuit court of the United States for the Southern district of Ohio, on the ground of prejudice and local influence. This petition set forth that the iron company was a citizen of Pennsylvania and all the other parties to the suit citizens of Ohio. ”

“ On the twentieth of September, R. M. Shoemaker, T. Q. Ashburn, M. Jamison, P. F. Swing, and L. W. Bishop, trustees under various mortgages of the railroad company, came in voluntarily, and by leave of the court made themselves parties defendant. ”