Supreme Court of Missouri, 1877

Powell v. Chicago, Rock Island & Pacific Railroad

Powell v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri · Decided April 15, 1877 · Sherwood
64 Mo. 544

Powell v. Chicago, Rock Island & Pacific Railroad

Opinion of the Court

Sherwood, C. J.,

delivered the opinion of the court.

After the approval of the bond and entry of an order removing the cause to the Federal Court, it was clearly out of the power of the court, making the order, to set the same aside, and allow a dismissal of the suit. Our views on this subject are more fully expressed in Beery vs. the same defendant, ante p. 533.

Judgment reversed and cause remanded.

All the judges concur.

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