DUVALL v. WABASH RY. CO.

No. 5728.

9 F.2d 83 (1923)

DUVALL v. WABASH RY. CO.

District Court, W. D. Missouri, W. D.

December 4, 1923.


Attorney(s) appearing for the Case

C. A. Randolph, of Kansas City, Mo., for plaintiff.

Sebree, Jost & Sebree, of Kansas City, Mo., for defendant.


VAN VALKENBURGH, District Judge.

Plaintiff, by motion to remand and plea in abatement, raises substantially four questions for determination by the court. The first is that by the taking of depositions the defendant in substance submitted itself to the jurisdiction of the state court and waived its right to remove. This contention cannot be sustained under the practice. It has been held that even the filing of a demurrer, which is a substantial pleading, does not...

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