In re Hardware Mut. Fire Ins.

Petitioners have asked for a writ of mandamus which seeks an order requiring the District Court to retain jurisdiction of *14 an action removed to it from the state court because of diversity of citizenship.

The petition alleges that the Roma Wine Company suffered a fire loss amounting in the aggregate to $7,072.23: It brought. suit for that amount against the three petitioning insurance companies alleging a joint liability for the loss. The action was removed to the District Court of the United States upon motion of the insurance companies and the case was tried therein, but the jury being unable to agree the matter was held for retrial until April 27th when plaintiff asked leave to amend his complaint by striking out the allegations that the defendants therein were jointly and severally liable for the full amount and to allege in lieu thereof that the defendants were each and severally liable for one-third of the loss. This would reduce the amount claimed against each insurance company to less than $3,000. Upon the trial of the case the policies of insurance were produced as evidence and the court therefrom ascertained that the policies provided only for several liability for…