Stanley Matthews

“ The controversy, so far as the Zeidlers were interested in it, was of their own seeking, and as their rights could not be concluded by a judgment against the tenant, they were not in a position to insist that the plaintiffs should forego their legal right to proceed against the most convenient defendant. The landlord could defend the possession of the tenant, as it was his right and duty to do on notice of the action, but he could do so as well in the name of the tenant as in his own. ”

“ That the cause when removed from the state to the circuit court was rightly removed is not denied. Under the removal act of 1875 the plaintiffs were authorized to remove their action, although brought by them in the first place in the state court, into the circuit court of the United States, they being citizens of Pennsylvania and the defendant a citizen of Missouri and an inhabitant of the district. ”

“ The latter were not bound to look beyond the person who, by his occupation of the disputed premises, was holding adversely to their claim; and if the Zeidlers were permitted to defend, it was for their own interest, and not because they were either necessary or indispensable parties to the proceeding in which the plaintiffs were the actors. ”