Opinion
14306
June 8, 1936.
Before JOHNSON, J., Beaufort, June, 1935. Reversed.
Action by L.D. Sikes against J.E. Lawrence, Alfred L. Loomis and Landon K. Thorne. From an order of removal of cause, plaintiff appeals.
Messrs. Wm. N. Levin and W. Brantley Harvey, for appellant, cite: Removal of cause: 28 R.C.L., 80; 179 U.S. 131; 200 U.S. 206; 169 U.S. 92; 194 U.S. 136; 220 U.S. 413; 227 U.S. 184; 232 U.S. 146; 239 U.S. 421; 243 U.S. 302. As to joint liability: 65 S.C. 332; 43 S.E., 813; 163 S.C. 13; 161 S.E., 195; 117 S.C. 236; 109 S.E., 111; 96 S.C. 294; 80 S.E., 465; 130 S.C. 180; 125 S.E., 912; 31 F., 499; 122 F., 305; 20 F.2d 143; 22 F.2d 863.
Messrs. Randolph Murdaugh and John P. Wise, for respondents, cite: Joint liability: 27 F.2d 631; 1 C.J., 1015; 78 S.C. 157; 59 S.E., 856; 47 F.2d 28.
June 8, 1936. The opinion of the Court was delivered by
This case is founded upon the same circumstances and occurrences upon which the case of Nancy A. Cravens v. Lawrence (S.C.), 186 S.E., 269, is founded. The same motion for removal to the Federal Court was made and a similar order was made by Judge Johnson, and the appeal is upon the same grounds. It follows that the action of this Court in the Cravens case is decisive of this appeal.
For the reasons stated in the opinion in that case, the judgment of this Court is that the order appealed from is reversed.
This opinion was written as a result of a rehearing in this case and is substituted for the opinion of the Court heretofore filed, which is ordered withdrawn.
MR. CHIEF JUSTICE STABLER and MESSRS. JUSTICES CARTER, BAKER and FISHBURNE concur.