Page:United States Reports, Volume 209.djvu/517

 MOORE. Tins is an application by petitioner for a writ of mandamus 'to compel the Circuit Court of the United States'for the Eastern Division 'of the Eastern Judicial District of Missouri to remand the case of this petitioner v. The Louisville and Nashville Rail- road Company to the state court, from whence it came. The facts are these: On November 16, 1906, Albert New- ton Moore, an infant, over the age of fourteen years, presented his tition to the Circuit Court of the city of St. Louis, Mis- souri, stating that he desired to institute a suit in that court against the Louisville and Nashville Railroad Company, and praying for the appointment of a next friend, whereupon George Safford, of St. Louis, was duly appointed such next friend. Thereupon a petition was filed in said state court in ' the name of Moore, by his next friend against the Louisville and Nashville Railroad Company, to recover dama6es for pero. hal injuries. After service of summons, but before answer was due, the railroad company filed its application for removal to the Circuit Court of the United. State for the Eastern Di- vision of the Eastern Judicial District of Missouri. This ap-. plication for removal was based on the. ground of diverse citizenship, and. alleged that the plaintiff Moore was a citizen. and resident of the State of Illinois; that Safford, the next fiend, was a resident and citizen of the State of Missouri, and the debndant, a corporation ,-rcated and existing under the '. laws of the State o Kentucky and a citizen and resident of that State. The petition and bond were in due fo rm, and the ease was transferred to the United States Circuit Court. There- . after, and on March 22, 1907, the plaintiff filed in that court an amended petition. On March 25, by stipulation of the lrties, the defendant was ren time to plead to the plain- tiff's amended petition. Three or four times thereafter stipu-

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