Winn v. Wabash R.
U.S. Circuit Court for the District of Western Missouri
On Plea to Jurisdiction after Removal from State Court. The plaintiffs, citizens of the state of Missouri, instituted suit in the circuit court of Jackson county, Mo., on a cause of action which arose in the state against the defendant as a common carrier. On petition of the defendant, alleging that it was a citizen of the state of Ohio, the cause was removed into this court.
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On Plea to Jurisdiction after Removal from State Court. The plaintiffs, citizens of the state of Missouri, instituted suit in the circuit court of Jackson county, Mo., on a cause of action which arose in the state against the defendant as a common carrier. On petition of the defendant, alleging that it was a citizen of the state of Ohio, the cause was removed into this court. Plaintiffs filed a plea to the jurisdiction of the court, taking issue on the truth of the allegation that the defendant is a citizen of Ohio. The conceded facts, respecting the formation of the defendant corporation are…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). The question to be answered, on the foregoing facts, or not a suit instituted by a citizen of the state of Missouri in the state-*58court against the Wabash Railroad Company on a cause of action which arose in the state is removable into the United States circuit court on the ground that the Wabash Railroad Company is a citizen of the state of Ohio. It was conceded by both parties at the hearing that upon the completion of the agreement of consolidation the respective constituent corporations were dissolved and went out of legal existence, and eo instante the…
2Cases cited23 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Muller v. DowsSupreme Court of the United States · 1876
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Shields v. OhioSupreme Court of the United States · 1877
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gavin v. Hudson & Manhattan R. Co. Knoblock v. Hudson & Manhattan R. Co. Emma v. Hudson & Manhattan R. CoCourt of Appeals for the Third Circuit · 1950
- Town of Bethel v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1936
- Goodwin v. New York, N. H. & H. R. Co.U.S. Circuit Court for the District of Massachusetts · 1903
- Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1907
- Gavin v. Hudson & Manhattan R.Court of Appeals for the Third Circuit · 1950
3 more not listed; retrieve them via the Exa API.