Wetmore v. Crouch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. ■ Horatio B. Wood, Judge. (1) Any plaintiff suffering a nonsuit may commence a new action from time to time, within one year after such nonsuit suffered.
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Appeal from St. Louis City Circuit Court. — Row. ■ Horatio B. Wood, Judge. (1) Any plaintiff suffering a nonsuit may commence a new action from time to time, within one year after such nonsuit suffered. R. S. 1899, sec. 4285. (2) The dismissal of plaintiff’s suit in her absence and entering of judgment against her for costs, without considering the merits of her case, was a nonsuit within the meaning of section 4285. Meddis v. Wilson, 175 Mo. 126; Estes v. Fry, 166 Mo. 70; Nickerson v. Peery, 163 Mo. 77; Bank v. Gray, 146 Mo. 568; Baldwin v. Davidson, 139 Mo. 118; Hewitt v. Steele, 136 Mo.…
1Opinion of the CourtLamm, J.
Cast on demurrer sustained to a seconded amended petition, plaintiff refused to plead over and final judgment went against ber and ber surety on ber cost bond, and sbe appealed.
To get at tbe root of tbe matter, suffice it to say that tbe general nature and subject-matter of tbe litigation has once before been spread of record by tbis court (150 Mo. 671) and need not again be set forth further than convenient to understand tbe issue joined on demurrer.
Tbe petition averred that tbe cause of action accrued in May, 1889, and tbe allegations claimed to justify tbe demurrer are as follows:
“Plaintiff…
2Cases cited14 opinions
- Haldeman v. United StatesSupreme Court of the United States · 1876
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Wetmore v. CrouchSupreme Court of Missouri · 1899
- Boyce v. SnowIllinois Supreme Court · 1900
- Jones v. BarnardMissouri Court of Appeals · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Wente v. ShaverSupreme Court of Missouri · 1943
- Bindley v. Metropolitan Life InsuranceSupreme Court of Missouri · 1948
- Levee District No. 4 of Dunklin County v. SmallMissouri Court of Appeals · 1955
- Sachs v. Ohio Nat. Life Ins. Co.Court of Appeals for the Seventh Circuit · 1942
19 more not listed; retrieve them via the Exa API.