Buckles v. Chicago, M. & St. P. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
At Law. This was an action of tort by Mary J. Buckles against the Chicago, Milwaukee & St. Paul Bail way Company, instituted originally in the state court, and removed to this court on application of the defendant. Defendant has now filed a motion to stay further proceedings until plaintiff pays the costs assessed against her in the state court. Motion allowed.
1Opinion of the CourtPhilips, J.
This is a motion to stay proceedings in this cause. It arises on the following state of the record and proofs: The plaintiff instituted action on the same cause of complaint — an alleged tort— against this defendant in the circuit court of Clay county, Mo. Issue was joined, and the case went to trial before a jury. After all the evidence was heard, and the court gave its instructions to the jury, the plaintiff took a nonsuit. There was a judgment against the plaintiff for the costs in that case, which have never been paid. Within the year from said nonsuit the plaintiff reinstituted the same…
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