Whiteaker v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clinton Circnit Conrt. — Eon. Alonso D: Burnes, Judge. (1) Tlie trial conrt had jurisdiction of neither the parties nor the subject-matter of the action, and was without power to render a binding judgment therein. Stone y. South Carolina, 117 IT. S. 432; Carson v. Hyatt, 118 U. S. 279; Railroad v. Dunn, 122 IT. S. 513; Crehore v. Railroad, 131 IT. S. 240; Railroad v. Wan-gelin, 132 IT. S. 599; Railroad v. Daughtry, 138 IT.
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Appeal from Clinton Circnit Conrt. — Eon. Alonso D: Burnes, Judge. (1) Tlie trial conrt had jurisdiction of neither the parties nor the subject-matter of the action, and was without power to render a binding judgment therein. Stone y. South Carolina, 117 IT. S. 432; Carson v. Hyatt, 118 U. S. 279; Railroad v. Dunn, 122 IT. S. 513; Crehore v. Railroad, 131 IT. S. 240; Railroad v. Wan-gelin, 132 IT. S. 599; Railroad v. Daughtry, 138 IT. S. 298; Railroad v. Herman, 187 U.- S. 63; Traction Co. v. Mining Co., 196 U. S. 239; Railroad v. McCabe, 213 IT. S. 207; Railroad v. Eastin, 214 IT. S. 153;…
1Opinion of the CourtLamm, C. J.
Suing for personal injuries in negligently ejecting plaintiff from .defendant railway company’s freight train, a jury returned him a verdict for $8500 in the Clinton Circuit Court. Prom a judgment following that verdict/ both defendants appeal, raising four questions only, viz.:
First: The' State court lost jurisdiction on the corporate defendant’s filing a petition for removal to the Federal court, hence the judgment is coram non judice.
Second: There was reversible error in not sustaining a demurrer to the evidence at the close of plaintiff’s case in chief, and, finally, in refusing to direct…
2Cases cited26 opinions
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
21 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Johnson v. Pacific Intermountain Express Co.Supreme Court of Missouri · 1983
- State Ex Inf. Taylor v. American Ins. Co.Supreme Court of Missouri · 1946
- State Ex Rel. Gosselin v. TrimbleSupreme Court of Missouri · 1931
36 more not listed; retrieve them via the Exa API.