Boatmen's Bank v. Fritzlen
Supreme Court of Kansas
Error from Clark district court; Edward H. Madison, judge. STATEMENT. On- July 23, 1903, W. H. Weldon instituted a suit in the district court of Clark county, Kansas, asking for judgment for $3750 against D. G. Fritzlen and Edna P. Fritzlen upon a promissory note executed July 2, 1903, due ten days after date, and to foreclose mortgages on real and personal property of the Fritzjens, The Boatmen’s Bank of St. Louis, Missouri, was named as a defendant, and it was alleged that…
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Error from Clark district court; Edward H. Madison, judge. STATEMENT. On- July 23, 1903, W. H. Weldon instituted a suit in the district court of Clark county, Kansas, asking for judgment for $3750 against D. G. Fritzlen and Edna P. Fritzlen upon a promissory note executed July 2, 1903, due ten days after date, and to foreclose mortgages on real and personal property of the Fritzjens, The Boatmen’s Bank of St. Louis, Missouri, was named as a defendant, and it was alleged that the bank claimed some interest in the mortgaged property'under mortgages held by it, but that these were illegral and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
Many errors are assigned on the rulings made in the various stages of the trial, but the first and controlling oné is based on the decision denying the petition for removal to the federal court. There was a remand on the first petition for removal, and under the act of congress the decision on that motion is *484not reviewable. (25 U. S. Stat. at L. p. 484.) In its first petition the bank, a citizen of Missouri, insisted that it had a separable controversy with the plaintiff, and alleged, as a second ground, prejudice and local influence.…
2Cases cited36 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
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3Cited by2 opinions
- Dowell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910
- Henderlong v. Standard Oil Co. of CaliforniaDistrict Court, N.D. California · 1926