State ex rel. Missouri & North Arkansas Railroad v. Johnston
Supreme Court of Missouri
Prohibition. (1) ■ The objection that the Wilson case did not land in the Federal court by filing the reinoval papers is not well taken. The filing of removal papers of itself accomplished the removal of the case to the Federal court for the present purposes. Black’s Dillon on Removal, sec. 198; Company v. Company, 3 S. D. 590; Wills ,v. Railroad, 65 Fed. 532; Brown v. Murray, 43 Fed. 614; Miller v. Tobin, 18 Fed. 609 ; Osgood v. Railroad, 18 Fed. Cas.
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Prohibition. (1) ■ The objection that the Wilson case did not land in the Federal court by filing the reinoval papers is not well taken. The filing of removal papers of itself accomplished the removal of the case to the Federal court for the present purposes. Black’s Dillon on Removal, sec. 198; Company v. Company, 3 S. D. 590; Wills ,v. Railroad, 65 Fed. 532; Brown v. Murray, 43 Fed. 614; Miller v. Tobin, 18 Fed. 609 ; Osgood v. Railroad, 18 Fed. Cas. No. 10-, 604; Noble v. Assn., 48' Fed. 337; Black’s Dillon on Removal, sees. 192, 195;' Herryford v, Company, 42 Mo. 148; Stanley v. Railroad,…
1Opinion of the CourtValliant, C. J.
— Relator prays a writ of prohibition to go against the judge of the circuit cpurt of Newton county, the Secretary of State, and Scott Wilson.
The case stated in the petition, is substantially as follows:
Relator is an Arkansas corporation owning and operating a railroad in this State in connection with its *345railroad in Arkansas, and is engaged in both, interstate and intrastate railroad-traffic; it had, prior to March 13, 1907, complied with the laws of this State prescribing the terms and conditions on which a foreign railroad corporation could be admitted to do a railroad business in this…
2Cases cited8 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- Herndon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1910
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- State ex rel. New Orleans Canal & Banking Co. v. HeardSupreme Court of Louisiana · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Tax Commission v. Administrative Hearing CommissionSupreme Court of Missouri · 1982
- Kleban v. MorrisSupreme Court of Missouri · 1952
- State Ex Rel. Equality Savings & Building Ass'n v. BrownSupreme Court of Missouri · 1934
- State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931
- State ex rel. United States Fidelity & Guaranty Co. v. HartySupreme Court of Missouri · 1919
6 more not listed; retrieve them via the Exa API.