Legal Opinion

State ex rel. Snow Steam Pump Works v. Homer

Supreme Court of Missouri

Decided March 28, 1913PublishedCited by 25 opinions

Prohibition. (1) The filing of a petition for removal to a Federal court does not amount to a general appearance. G-oldey v. Morning News, 156 U. S. 518; Railroad v. Brow, 164 U. S. 271; Conley v. Alkali Works, 190 U. S. 406; Courtney v. Pradt, 196 U. S. 89; Clark v. Wells, 203 U. S. 164; Mutual Accident Co. v. Davis, 213 U. S. 245. (2) It appears from the record in the case below that respondent has no jurisdiction over relators and was without authority to compel them to…

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Prohibition. (1) The filing of a petition for removal to a Federal court does not amount to a general appearance. G-oldey v. Morning News, 156 U. S. 518; Railroad v. Brow, 164 U. S. 271; Conley v. Alkali Works, 190 U. S. 406; Courtney v. Pradt, 196 U. S. 89; Clark v. Wells, 203 U. S. 164; Mutual Accident Co. v. Davis, 213 U. S. 245. (2) It appears from the record in the case below that respondent has no jurisdiction over relators and was without authority to compel them to plead. Crawford v. Railroad, 171 Mo. 74; State ex rel. v. Gibson, 187 Mo. 536. (3) The purpose of the statutes relating…

1Opinion of the CourtGraves, J.

A short statement will suffice in this case. In November, 1909, the Texas Portland Cement Company, a corporation of West Virginia, sued the International Steam Pump Company, a corporation of New Jersey, and the Snow Steam Pump Works, a corporation of New York, in the circuit court of the city of St. Louis. [State ex rel. v. Sale, 232 Mo. l. c. 169.]

In this case pending in the said court the defendants specially appeared and moved to quash the service. These motions were sustained May 26, 1910, and on the next day the plaintiff in that case filed a motion to compel the defendants in that case…

2Cases cited28 opinions

  1. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  2. In Re HohorstSupreme Court of the United States · 1893
  3. Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
  4. State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
  5. State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896

23 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
  2. State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
  3. State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
  4. State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
  5. State Ex Rel. Case v. SeehornSupreme Court of Missouri · 1920

20 more not listed; retrieve them via the Exa API.

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