Ohle v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Polla Circuit Cotort. Action to recover damage for a personal injury received by tbe plaintiff wlieu in tbe employ of the defendant. Tbe latter moved tbe court to transfer tbe cause to tbe federal court. Tbe motion was overruled, and defendant appeals.
1Opinion of the CourtSeevers, J.
Tbe record sliows that tbe plaintiff commenced a prior action for tbe same injuries, which was transferred to tbe federal court, and there tried before a jury, which resulted in a disagreement of tbe jury. Thereupon said action was dismissed by plaintiff. In tbe petition in tbe present case, tbe plaintiff stated that be was a resident and citizen of the state of Illinois, in which state tbe defendant was incorporated and of which it is a citizen.
Tbe defendant moved tbe court to require plaintiff to give security for costs, and tbe motion was based on an affidavit of IT. G-. Burt,…
2Cited by2 opinions
- First Nat. Bank of Belleville v. GlaserCourt of Appeals of Texas · 1907
- Dunn v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1886