Johnson v. St. Joseph Terminal Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Sim A. M. Woodson, Judge. (1) A sufficient petition and bond for removal having been filed in due time by the Atchison, Topeka & Santa Fe Railway Company, it was the duty of the court below to proceed no further than to make an order of removal, and all subsequent proceedings were coram non judice.
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Appeal from Buchanan Circuit Court. — Sim A. M. Woodson, Judge. (1) A sufficient petition and bond for removal having been filed in due time by the Atchison, Topeka & Santa Fe Railway Company, it was the duty of the court below to proceed no further than to make an order of removal, and all subsequent proceedings were coram non judice. Poweis v. Railroad, 169 U. S. 92; Remington v. Railroad, 198 U. S. 95; Railroad v. Daughtry, 138 U. S. 298; Railroad v. Dunn, 122 U. S. 513; Carson v. Hyatt, 118 U. S. 279; Stone v. South Carolina, 117 U. S. 430; Berry v. Railroad, 64 Mo. 553; Stanley v.…
1Opinion of the CourtGraves, J.
Plaintiff is the alleged widow of John C. B. Johnson, deceased. Petition was filed within the time allowed by statute, but as originally filed asked for but $2,000 damages. Later it was amended so as to make the ad damnum clause read $5,000 instead of $2,000. The action is therefore the statutory action under section 2864, Revised Statutes 1899, to recover the penal sum of $5,000, due the wife for the negligent killing of her husband.
Defendant St. Joseph Terminal Railroad Company is a Missouri corporation, and defendant Atchi*388son, Topeka & Santa Fe Railway Company is a Kansas corporation.…
2Cases cited30 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Cartwright v. McGownIllinois Supreme Court · 1887
- Hunter v. HunterCalifornia Supreme Court · 1896
- Carroll v. CarrollTexas Supreme Court · 1858
- Yates v. HoustonTexas Supreme Court · 1848
25 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1928
- Maier v. BrockSupreme Court of Missouri · 1909
- Osmak v. American Car & Foundry Co.Supreme Court of Missouri · 1931
- Jackson v. PhalenSupreme Court of Missouri · 1911
- Smith v. SmithSupreme Court of Missouri · 1951
9 more not listed; retrieve them via the Exa API.