separable controversy
Defined in 2 dictionaries — Case Law, Black's (1910)
Definitions from Case Law
From 341 U.S. 6 - American Fire & Casualty Co. v. Finn · 1951Most cited · 3,597 citing opinions
any possible separate suit that a litigant might properly bring in a federal court so long as it was wholly between citizens of different states; 'separate cause of action' restricts removal more than 'separable controversy' — in a suit covering multiple parties or issues based on a single claim, there may be only one cause of action and yet be separable controversies
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In the acts of congress relating to the removal of causes from state ceurts to federal courts, this phrase means a separate and distinct cause of action existing in the suit, on which a separate and distinct suit might properly have bcen brought and complete relief afforded as to such cause of action; or the case must be one capable of separation into parte, se that, in one of the parts, a controversy will be presented, wholly bstween citizens of different states, which can be fully determined without the presence of any of the other parties to the suit as it has bcen begun. Fraser v. Jennison, 106 U. S. 191, 1 Sup. Ct 171, 27 In Ed. 131; Gudger v. Western N. C. R. Co. (C. C.) 21 Fed. 81; Security Co. v. Pratt (C. C.) 64 Fed. 405; Seaboard Air Line Ry. v. North Carolina R. Co. (C. C.) 123 Fed. 629.