MONROE v. LUMBER COMPANY, 66 N.H. 628 (1891)

32 A. 152

MONROE v. CONNECTICUT RIVER LUMBER CO. a.

Supreme Court of New Hampshire Grafton.
Decided June, 1891.

PETITION, by the defendants for the removal of the action into the circuit court of the United States, on the ground that the plaintiffs made Van Dyke a party defendant for the purpose of preventing a removal, and for no other purpose.

Bingham, Mitchell Batchellor and D.C. J. W. Remick, for the plaintiffs.

E. Aldrich, Drew Jordan, and G. A. Bingham, for the defendants.

CARPENTER, J.

The question of fact, whether Van Dyke was made a party for the sole purpose of preventing a removal of the action, etc., can finally be determined only by the federal court. Burlington, c., Railway Co. v. Dunn, 122 U.S. 513. Whether it is or is not expedient to try the question here is a question of fact for the trial term.

Case discharged.

SMITH, J., did not sit: the others concurred.

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