Morrison Waite

“ The suit was begun when process was served on Wesenberg and the firm. If judgments had been rendered against the defendants at any time after that, it could have been enforced against Wesenberg personally, and against all the property of the firm and of the individual partners in Louisiana. The cause of action is joint. There is no separable controversy in the case. There can be no removal by the defendants unless they all join and all are citizens of different states from the plaintiffs. ”

“ Fletcher v. Hamlet
Argued: January 18, 1886. ---
This is a writ of error brought under section 5 of the act of March 3, 1875, (18 St. 470. c. 137,) for the review of an order of the circuit court remanding a case which had been removed from a state court. It has been advanced under rule 32, and is now for hearing on its merits. In submitting the case, the defendants in error treat the rule as though it required a motion to dismiss or affirm. Such is not the proper practice. Cases advanced under section 3 of rule 32 are to be submitted like motions to dismiss under rule 6 ”