Iba v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ron. W. D. Rush, Judge. (1) The order removing this cause to the Federal court not having been set aside by the trial court, it had no jurisdiction to try the case. Herryford v. Ins. Co., 42 Mo. 153; Stanley v. Railroad, 62 Mo. 511. (2) The petition and bond for removal of the defendant railroad company being in form and the case being removable, the trial court lost jurisdiction when said, petition and bond were filed.
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Appeal from Buchanan Circuit Court. — Ron. W. D. Rush, Judge. (1) The order removing this cause to the Federal court not having been set aside by the trial court, it had no jurisdiction to try the case. Herryford v. Ins. Co., 42 Mo. 153; Stanley v. Railroad, 62 Mo. 511. (2) The petition and bond for removal of the defendant railroad company being in form and the case being removable, the trial court lost jurisdiction when said, petition and bond were filed. Berry v. Railroad, 64 Mo. 533; Stanley v. Railroad, 62 Mo. 508; Powell v. Railroad, 64 Mo. 544. (3) We have a statute much like Sec.…
1Opinion of the CourtTrimble, J.
Plaintiff, as the widow of Frederick B. Iba, sues to recover $10,000 damages for the death of her husband alleged to have been caused by the joint carelessness and negligence- of the defendants.in this way:
That defendant Phelan was the conductor of his codefendant’s passenger train hereinafter mentioned; that plaintiff’s husband had purchased a ticket at the station of Easton, Missouri, on the line of defendant railway, entitling him to ride from said station to St. Joseph, Missouri; that when the passenger train arrived at Easton, and before plaintiff’s husband, had time to board said train…
2Cases cited19 opinions
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Clark v. Great Northern Railway Co.Washington Supreme Court · 1905
- Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
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3Cited by6 opinions
- State ex rel. Iba v. EllisonSupreme Court of Missouri · 1914
- State Ex Rel. Piepmeier v. CamrenMissouri Court of Appeals · 1931
- State v. DamonSupreme Court of Missouri · 1943
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- National Fire Ins. Co. of Hartford v. Walker Laundry & Dry Cleaning Co.District Court, W.D. Missouri · 1950
1 more not listed; retrieve them via the Exa API.