Powell v. Chicago, Rock Island & Pacific Railroad

64 Mo. 544

Opinion

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.