Schwyhart v. Barrett
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) Upon the filing of the petition for removal and removal bond in this case, the jurisdiction of the State court ceased ipso facto, and that of the Federal court immediately attached.
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Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) Upon the filing of the petition for removal and removal bond in this case, the jurisdiction of the State court ceased ipso facto, and that of the Federal court immediately attached. No order of the State court is necessary to confer jurisdiction of the Federal court, and no refusal of such an order can prevent that jurisdiction from attaching. 18 Ency. of PI. and Pr., 347, 399; Beery v. Railroad, 64 Mo. 533; Stanley v. Railroad, 62 Mo. 508; Herryford v. Insurance Co., 43 Mo. 148. (2) All questions of fact made upon the…
1Opinion of the CourtJohnson, J.
This action is to recover damages for personal injuries which plaintiff alleges Avere caused by the negligence of the defendants. A trial to a jury resulted in a verdict and judgment for plaintiff in the sum of $7500, against all of the defendants. An appeal was granted to the Supreme Court where jurisdiction on appeal was lodged, but during the pendency of the cause in that court, the General Assembly approved an *341Act enlarging the jurisdiction of the Courts of Appeals (Laws of Mo. 1909, p. 397), and the cause was transferred to this court under the provisions of that Act. Objections offered…
2Cases cited17 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
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3Cited by7 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- Watson v. Chevrolet Motor Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Weaver v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- Fanning v. HinesMissouri Court of Appeals · 1920
2 more not listed; retrieve them via the Exa API.