Stanbrough v. Griffin

Decided October 23, 1879

Supreme Court of Iowa · decided 1879-10-23

Appeal-from Wright District Court. The plaintiff commenced his action against the defendants, Ray B. Griffin and Sarah Griffin, to recover judgment upon certain promissory notes, and to foreclose a mortgage given to secure the same. The Delaware County Bank and Betsey Haines were made parties defendant to the action upon the alleged ground that they had liens upon the mortgaged property which were junior and inferior to plaintiff’s mortgage.

Cited by 2 later decisions (1 by the Supreme Court) — most recently February 1885

Good law ✅— No negative treatment on recordhow we know

Decided 1879-10-23

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Rothbock, J.

¶1i. juutsdicfederalstatute. We think the case is within the rule of Burch v. The Davenport & St. Paul R. Co., 46 Iowa, 449, and that the order for removal was improperly made. The effect of a removal would be to divide ... _ , . , . _ , . , . the suit into two parts — one to be determined m the state court and the other in the federal court; and, further, it seems to us that under the act of March 3, 1875, which provides for a removal “in any suit of a civil nature in which there shall be a controversy between citizens of different States,” itshould appear that there is a controversy. The defendants in this case, who sought a removal, did not answer the petition nor demur thereto, and the record does not show there is any *114controversy between tlie parties. The statute contemplates a controversy in a suit and not a mere suit to which there is no defense.

¶2Reversed.