Supreme Court of New Hampshire, 1891

Monroe v. Connecticut River Lumber Co.

Monroe v. Connecticut River Lumber Co.
Supreme Court of New Hampshire · Decided June 5, 1891 · Carpenter, Smith
32 A. 152; 66 N.H. 628

Monroe v. Connecticut River Lumber Co.

Opinion of the Court

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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