Davis v. Cleveland, C., C. & St. L. R.
U.S. Circuit Court for the District of Northern Iowa
On Motion to Quash Attachment and Service of Process. The plaintiff, a citizen of Iowa, as administrator of the estate of Frank E. Jandt, deceased, filed in the district court of Iowa in and for Woodbury county a petition against the defendant railway company, asking judgment against it in the sum of $10,000 for the alleged wrongful and negligent killing of the deceased in the state of Illinois while a passenger on one of its trains in that state.
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On Motion to Quash Attachment and Service of Process. The plaintiff, a citizen of Iowa, as administrator of the estate of Frank E. Jandt, deceased, filed in the district court of Iowa in and for Woodbury county a petition against the defendant railway company, asking judgment against it in the sum of $10,000 for the alleged wrongful and negligent killing of the deceased in the state of Illinois while a passenger on one of its trains in that state. An order was allowed by a judge of that court authorizing the attachment of proiierty of the defendant company not exceeding $15,000 in value.…
1Opinion of the CourtReed, District Judge
(after stating the facts). The removal of the case by the’defendant from the state court, even if its appearance in that court'had not been limited to such purpose, does not preclude it from challenging in this court the jurisdiction of the state court or of this court of its person, or from claiming exemption from being sued in a state other than that of its residence. Wabash Western Railway Co. v. Brow, 164 U. S. 271, 17 Sup. Ct. 126, 41 L. Ed. 431; Murray v. Wilcox, 122 Iowa, 188, 97 N. W. 1087, 64 L. R. A. 534, 101 Am. St. Rep. 263.
The contention of the plaintiff is that the defendant by…
2Cases cited41 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Brown v. MarylandSupreme Court of the United States · 1827
- Leisy v. HardinSupreme Court of the United States · 1890
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Goldey v. Morning NewsSupreme Court of the United States · 1895
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3Cited by3 opinions
- Southern Flour & Grain Co. v. Northern Pacific Railway Co.Supreme Court of Georgia · 1907
- Clark Milling Co. v. St. Louis Southwestern Railway Co.Court of Appeals of Georgia · 1925
- Johnson v. Union Pacific Railroad Co.Supreme Court of Rhode Island · 1908