U.S. Circuit Court for the District of Eastern Missouri, 1885

Blair v. St. Louis, H. & K. R. Co.

Blair v. St. Louis, H. & K. R. Co.
U.S. Circuit Court for the District of Eastern Missouri · Decided June 16, 1885 · Treat
25 F. 2; 1885 U.S. App. LEXIS 2197
Blair v. St. Louis, H. & K. R. Co.

Opinion of the Court

Treat, J.,

(orally.) In the case of Walker v. St. Louis, H. & K. R. Co., a demurrer was interposed to the intervening petition. The question could have been raised, perhaps, more satisfactorily in the way of practice, on an application for leave to file; but there is enough here to enable the court to say that it will not entertain the petition. The parties preferred to proceed in the state court without the leave of this court, and they must lie in the bed which they have made. This eourt will not help them. The demurrer will be sustained.

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