Page:Federal Reporter, 1st Series, Volume 10.djvu/701

GBEENE V. KLINGEB. 689 �Gkeene V. Klinger.* �Same V. Same. �Same V. Same. �[Oireull Court, E. D. Texa». February, 1882.) �1. RbmovaIi of Suits — AcT op Makch 3, 1875. �Under the second clause of the second section of the act of March 3, 1875, (18 8t. 470,) when in any suit mentioned therein there is a controversy wholiy between citizeng of different states, which can be fully determined as between them, then eitlier one or more of the plaintiffis or the defendants actually interested in such controversy may, on coraplying with the requireraents of the statute, remove the entire suit. �Barney v. Latham, 103 U. S. 205, followed. �2. Same — Warbantob. �And one who was not sued by the plaintifE, but was brought into the suit as warrantor, on the motion of the defendant, has tha same right to remove as if he had been an original defendant. �3. Landlords and Waruaktors— SBcnoNS 4788, 4789, Rbvisbd Code op Texas. �The same rights are given landlords in suits for lands by section 4789 of the Revised Gode of Texas, as in the sarae kind of suits are given to owners and warrantors by section 4788 of same Code. �Wallon, Greene de Hill, for the motion. �Hancock d West, contra. �Pardeb, g. J. The above cases have been up and heard three times on motions to remand to the state court frorn which they were removed : �First. Before Judge Duval at the October term, 1879, who denied the motion, giving elaborate reasons. The statemeiit of the case, the grounds of motion, and the reasons of Judge Duval, are reported in 10 Cent. Law J. 47. Second. Before Judge Woods, then circuit judge, at the October term, 1880, who also denied the motion, but who afterwards expressed himself as dissat- isfled with his decision and suggested a reargument. Third. Before me at this term. �Since the decision of Judge Woods, the points involved have been passed upon by the supreme court in the case of Barney v. Latham. 103 U. S. 205, with Judge Woods (now Justice Woods) on the bench and not dissenting. �In that case it was decided that under the second clause of the sec- ond section of the act of March 3, 1875, when in any suit mentioned �•Reported by Joseph P. Hornor, Esq., of the New Orleans bar. v.lO.no.T— 44 ��� �