William Howard Taft

“ Both the issue between the city and the Brown-Crummer Company on the warrants, and that between the city and Head and the Iowa surety company for breach of their guaranty were tried to a jury in the District Court. The court directed a verdict on the warranted in favor of the Brown-Crummer Company, and gave judgment against the city for $13,125 with interest. On the claim of the city under the guaranty against Head and the surety company, the court directed a verdict for the defendants, and gave judgment of dismissal against the city. ”

“ Without intimating that the decision of the Texas court on the question of city warrants will be controlling under the circumstances of this case, we deem it better to remand the whole case to the Circuit Court of Appeals for further proceedings and complete disposition. ”

“ Thereupon the plaintiff amended its petition making Brown-Crummer Investment Company, a Kansas corporation, a party defendant, and said Brown-Crummer Investment Company within the time allowed by law filed its petition to remove said cause to this court (i. e. the United States District Court for the Eastern District of Texas) upon the ground of a separable controversy. After a transcript of the proceedings were filed in this court, a motion to remand made by the plaintiff was overruled. ”