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U.S. Supreme Court

Wecker v. National Enameling Co., 204 U.S. 176 (1907)

Wecker v. National Enameling and Stamping Company

No. 133

Submitted December 14, 1906

Decided January 7, 1907

204 U.S. 176


Where the circuit court refuses to remand, and on the plaintiff's declining to recognize its jurisdiction or proceed, dismisses the case and renders judgment that plaintiff take nothing thereby and defendant go hence without day and recover his costs, the judgment is final, so far as that suit is concerned, and the question of jurisdiction can be certified to this Court under § 5 of the Act of March 3, 1891, 26 Stat. 827.

The right of a nonresident defendant, sued in the state court by an employee for damages, to remove the case to the federal court cannot be defeated by the fraudulent joinder as codefendant of another employee, resident of plaintiff's state, who has no relation to the plaintiff, rendering him liable for the injuries, and the circuit court can determine the question of fraudulent joinder on affidavits annexed to the nonresident defendant's petition for removal to the consideration whereof plaintiff does not object, but submits affidavits counter thereto. Alabama Great Southern Railway Co. v. Thompson, 200 U. S. 206, distinguished.

Page 204 U. S. 177

Where the direct issue of fraud is involved, knowledge may be imputed to one willfully closing his eyes to information within reach.

The facts are stated in the opinion.

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