Rodman v. Missouri Pacific Railway Co.

Citations

• 65 Kan. 645
• 70 P. 642
• 59 L.R.A. 704
• 1902 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Jurisdiction—Removal of Cause. When a federal court, by dismissal without prejudice, and without a determination of the merits, relinquishes its jurisdiction oyer the parties to, and subject-matter of, an action removed to such court from a state court, plaintiff therein may again invoke the jurisdiction of the state court; and that court may properly proceed to a determination of the controversy irrespective of, and unaffected by, the former removal to, and jurisdiction in, the federal court.</p> <p>2. Limitation oe Actions — Death by Wrongful Act. Section 422 of the civil code (Gen. Stat. 1901, §4871) creates a right of action for damages for death by wrongful act which did not exist at common law and which does not obtain in the absence of such act. The limitation of two years prescribed in the act in which such action must be commenced is a condition imposed upon the exercise of the right of action granted, and this time is not extended by the pendency and dismissal of a former action, as provided in section 23 of the code (Gen. Stat. 1901, §4451).</p>