*1 842 Ancillary in Administrator Missouri of H. of Estate Lohman,

Ira City Railway Angie Appellant, v. M. Booth, Kansas Southern Company and Francis American Trust Company, Merrill. (2d) 118. 33 W. S. Banc, 25,

Court en November 1930. Hayes D. W. appellant. Peters and Barnett & for Moore, Gyrus Frank H. respondent; A. F. Grane and Smith for Samuel Moore of counsel. W.

BLAIR, (Lohman, Angie J. This And. Admr. of of M. Estate Railway Booth, al.) companion v. Co. is Loh et a case to the cases of man, Upmann, Ancillary Administrator of F. W. G. of Estate Carl City Company, page 819, v. Kansas Loh Railway Southern ante and Ancillary of Kan man, McDougall, Administrator of Estate James v. day Railway Company, post page 868, City sas Southern this decided. by pleadings practically with The admitted are identical facts the MeDougall in ease. those the however, case, party In Lohman was made a in the this defendant compel railway company suit in New York to defendant to transfer personal of stock the New York executors. Substituted the shares to compliamce in Missouri in purported service was had him with on respect against proceedings in non-residents the New York statutes to rights in parties rem. to determine of the the MeDougall case, judgment against In we held that a the similar railway company binding the defendant alone was valid and and recognition We, therefore, in un- entitled to full this State. deem it plaintiff properly new necessary consider whether was before the to by judgment personally judgment. The York court or is bound its railway company Booth to requiring defendant to transfer the stock

843 fully right determined executors the and duty York of de- New the regardless transfer, make the of the New York to court’s fendant plaintiff. over jurisdiction *2 trial court is judgment of the affirmed and the case is trans- The All concur. en banc. the court ferred to foregoing opinion J., in of PER CURIAM: The Division Blair, RaglmcL, adopted opinion J., as of the Court en Banc.

Two, is the G. Blair, Aiwood, Gantt, White, JJ., Frank and concur. F. Warren, Appellant. (2d) S.

The State Roscoe W. 125. v. 33 Banc, 25, Court en November 1930.