Fitz Gerald v. Thompson

Background

The suit was brought to enforce a trust created by a man for his wife and three minor children, to declare a lien on property held for the trust, and to remove two trustees. One trustee, Josiah V. Thompson, joined as a plaintiff along with the wife; the minor children were represented by a guardian ad litem. The remaining trustees were defendants in both their individual and trustee roles and as partners. Most plaintiffs were Pennsylvania citizens; the minor children lived in Ireland. One defendant, Lenhart, was a Pennsylvania citizen; another defendant, Fitz Gerald, was an alien and British subject who sought to move the case to federal court.

Reasoning

Fitz Gerald argued that, if the parties were properly aligned, removal to federal court was allowed under the Removal Act because the dispute would be between Pennsylvania citizens and an alien. The trial court denied removal and granted the plaintiffs’ requested relief, and the Pennsylvania Supreme Court affirmed. The Court here found the removal claim had no legal foundation. The record showed Lenhart was charged with refusing to perform trustee duties and that the relief sought included an accounting, an injunction to prevent disposition of partnership property dedicated to the trust, and removal as trustee. That relief could not be obtained if Lenhart were treated as a plaintiff, so no plausible party realignment supported removal.

Real world impact

Because the removal attempt was plainly frivolous, the Court dismissed the writ of error and left the state-court decree in place. The decision prevents a defendant from defeating state-court trust remedies by claiming a different party alignment to force a federal forum when such alignment conflicts with the relief sought.