Stanley v. Chicago, Rock IsLand & Pacific Railroad
Supreme Court of Missouri
Appeal from Mercer Circuit Court. I. The‘plaintiff could not defeat defendant’s right to have the cause removed into the circuit court of tlie United States by amending his petition so as to reduce the claim bplow the jurisdiction of a circuit court of the United States. (Kanouse vs. Martin, 15 How. [U. S.], 198; Ladd vs. Tudor, 3 Woodb. & Minot, 325: Koberfcs vs. Nelson, 8 Blackf,, 74; Hereford vs. EEtna Ins. Co., 42 Mo., 148.) II.
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Appeal from Mercer Circuit Court. I. The‘plaintiff could not defeat defendant’s right to have the cause removed into the circuit court of tlie United States by amending his petition so as to reduce the claim bplow the jurisdiction of a circuit court of the United States. (Kanouse vs. Martin, 15 How. [U. S.], 198; Ladd vs. Tudor, 3 Woodb. & Minot, 325: Koberfcs vs. Nelson, 8 Blackf,, 74; Hereford vs. EEtna Ins. Co., 42 Mo., 148.) II. The defendant did not waive bis right to have the cause removed by appearing and going to trial. (Gordon vs. Longest, 16 Pet., 97; Hereford vs. iEtna Ins. Co., 42…
1Opinion of the CourtHough, Judge
The plaintiff brought suit against the defendant in the circuit court of Mercer county, claiming damages in the sum of §1,02,0. The defendant appeared to the action, and on the 5th day of November, 1874, and before filing an answer, presented to the court a petition, affidavit and bond, praying for a removal of the cause into the circuit court of the United States for the western district of Missouri, under the act of congress of July 27, 1866, as amended by the act of March 2, 1867, and alleging that the plaintiff was a citizen of the State of Missouri, and that the defendant was a…
2Cases cited4 opinions
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Gordon v. LongestSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
- Herryford v. Ætna InsuranceSupreme Court of Missouri · 1868
3Cited by6 opinions
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Schwyhart v. BarrettMissouri Court of Appeals · 1910
- Beery v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1877
- Ziefle v. SeidSupreme Court of Missouri · 1897
- O'Reilly v. HensonMissouri Court of Appeals · 1903
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