Jackson v. Duluth, Missabe & Northern Railway Co.

Lees, C.

This is an action of the same nature as Granquist v. Payne, supra, page 217. The same motion to amend was made and denied. Then followed a motion to substitute James C. Davis as agent of the President in the place of John Barton Payne, which was also denied, and a motion by the latter for a dismissal of the action as to him, which was granted. Judgment of dismissal being entered, plaintiff appealed therefrom. The appeal presents a question not involved in Granquist v. Payne. It is this: An Act of Congress of February 8, 1899 (chapter 121, 30 U. S. St. p. 822), reads thus:

“No suit,…