Morrison Waite

“ Sloane and Farwell cannot, either separately or jointly, remove the suit as it has been begun, without taking them along. They are citizens of the same state with the plaintiff. Consequently, if it be conceded that there are two separate causes of action, so far as Sloane and Farwell are concerned, the suit is still not removable, because each cause of action includes the Wisconsin defendants, and as to them there cannot be a removal. ”

“ After filing these answers, W. & J. Sloane and J. V. Farwell & Co. united in a petition for the removal of the suit to the circuit court of the United States upon the following ground: 'That there exists in said suit a controversy which is wholly between citizens of different states, to-wit, between the said plaintiff, a citizen of Wisconsin, and your petitioners, citizens of the states of New York and Illinois aforesaid, and which can be fully determined as between them ”

“ It is true, in that case the complaint alleged that 'the said defendants, confederating together, and with a malicious and unlawful design had and entertained by them, and each of them, to injure, oppress, and harass these plaintiffs, and to break them up in business, wrongfully, maliciously, unlawfully, and without any reason or provocation or probable cause,' brought the action against the plaintiffs ”