People ex rel. Calderwood v. Hager
Before: Field, Norton
Synopsis
To authorize a transfer of an action, in which there are several defendants, from a State Court to the United States Court, under the provisions of the Judiciary-Act of 1789, on the ground of the alienage of parties defendant, all of the defendants must be within the description of the persons entitled to a transfer, and all must join in the application.
Thus, where in an action of ejectment commenced in a State Court against several defendants, some of whom were citizens of the United States and of this State, and one of whom was an alien residing in this State, an application was made by the alien defendant alone for a transfer of the case to the United States Circuit Court, under the provisions of said Act, which was denied: Held, that the denial was proper.
Field, C. J. delivered the opinion of the Court—Norton, J. concurring. This is an application for a mandamus to compel the transfer of the case of Brooks v. Calderwood and others, now pending in the District Court of the Fourth Judicial District, to the United States Circuit Court for California. The case is ejectment against several defendants, some of whom are citizons of the United States and of the State of California. Calderwood is a subject of the Queen of Great Britain, and upon a petition stating the fact, and the tender of the usual bond, he moved for a transfer of the case. The motion was denied, and hence the present application.
The cases of Smith v. Rines et al. (2 Sum. 338) and Beardsley v. Torrey (4 Wash. C. C. 286) cover all the questions raised by the relator. Upon the reasons there given we rest our judgment, which is that the application be denied.
Ordered accordingly, and that a remittitur issue immediately.
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