...separable clause of the Act of 1873, with a change as follows: "And when in any suit mentioned in section 2 there shall be a controversy which is wholly between...different States, and which can be fully determined tatween them, then either one or more of the defendants actually interested can remove the case." It...

...С. Тех.) 262 F. 183. Under this section, providing for the removal of a suit in which there is a "controversy" which is wholly between citizens of...and which "can be fully determined as between them," to the federal District Court, at the instance of either-one or more of the defendants actually interested...

...being nonresidents of the state in which the suit is brought, may be removed into the federal court of the proper district; "and when in any suit mentioned...determined as between them, then either one or more of the defendants actually- interested in such controversy may remove said suit into the circuit court of...

...at a time when he could have invoked a decision upon its merits. The act of Congress provides that "when in any suit mentioned in this section there...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of...

...jurisdiction by the preceding section." 25 Stat. 434. And by section 2 it is further provided that "when in any suit mentioned in this section there...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit iuto the circuit court of the...

...the third clause of the second section of the act of 1887 it is provided as follows : "And when. Iii any suit mentioned in this section, there shall be...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the...

...of March 3, 1887, as amended by act of August 13, 1888, provides. "And when in any suit inrntioued in this section there shall be a controversy which...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the...

...25 Stat. 433. The second section of the acts of 1887 and 1888 provides that when, in any such suit, "there shall be a controversy which is wholly between...determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the Circuit Court of the...

...unable, nevertheless, to concur in it. The language of the act of congress, as amended in 1887, is : "And when in any suit mentioned In this section there...different states, and which can be fully determined ns between them, then one or more of the defendants actually interested in said controversy may remove...

...no such separate controversy exists. The second section of the act above referred to is as follows : "When in any suit mentioned in this section there...different states and which can be fully determined between them, then either one or more of the defendants actually Interested in such controversy may...