Schindler v. Wabash R. Co.

DUNCAN, District Judge.

Plaintiff originally instituted this suit in the Circuit Court of Boone County, Missouri, against the Wabash Railroad Company, John Doe and Richard Roe. It was alleged that defendant Wabash Railroad Company was a non-resident corporation, and that John Doe and Richard Roe were residents of Missouri. The complaint alleged a joint cause of action.

At the time the petition was filed in the State Court, counsel for the plaintiff instructed the clerk of the court not to issue summons for John Doe and Richard Roe. Thereafter the defendant Wabash Railroad Company filed its…