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SEPARABLE CONTROVERSY Definition & Legal Meaning

Definition & Citations:

In the acts of congress relating to the removal of causes from state courts 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 been brought and complete relief afforded as to such cause of action; or the case must be one capable of separation into parts, so that, in one of the parts, a controversy will be presented, wholly between citizens of different states, which can be fully determined without the presence of any of tlie other parties to the suit as it has been begun. Eraser v. Jenuison, 100 U. S. 191, 1 Sup. Ct. 171, 27 L. Ed. 131; Gudger v. Western N. C. R. Co. (C. C.) 21 Fed. 81; Security Co. v. Pratt (C. C.) 04 Fed. 405; Seaboard Air Line Ry. v. North Carolina R. Co. (C. C.) 123 Fed. 029.


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