
    [Grafton,
    June, 1891.]
    Monroe v. Connecticut River Lumber Co. & a.
    
    Petition, by the defendants for the removal of the action into the circuit court of the United States, on the ground that the plaintiffs made Van Dyke a party defendant for the purpose of preventing a removal, and for no other purpose.
    
      Bingham, Mitchell & Batchellor and D. C. & J. W. Remick, for the plaintiffs.
    
      E. Aldrich, Drew & Jordan, and G. A. Bingham, for the defendants.
   Carpenter, J.

The question of fact, whether Van Dyke was made a party for the sole purpose of preventing a removal of the action, etc., can finally be determined only by the federal court. Burlington, &c., Railway Co. v. Dunn, 122 U. S. 513. Whether it is or is not expedient to try the question here is a question of fact for the trial term.

Case discharged.

Smith, J., did not sit: the others concurred.  