McMahon v. McMahon
Supreme Court of Missouri
Appeal from Si. Louis City Circuit Court.—Hon. James A. Seddon, Judge. (1) The court erred in refusing to allow plaintiffs to dismiss. Hordmanser v. Hitchcock, 40 Mo. 178; Lowing v. Still, 48 Mo. 321; Fink: v. Bruihl, 47 Mo. 173. (2) On an appeal from an inferior court, the dismissal by plaintiffs before submission leaves the cause as though no judgment has been rendered.
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Appeal from Si. Louis City Circuit Court.—Hon. James A. Seddon, Judge. (1) The court erred in refusing to allow plaintiffs to dismiss. Hordmanser v. Hitchcock, 40 Mo. 178; Lowing v. Still, 48 Mo. 321; Fink: v. Bruihl, 47 Mo. 173. (2) On an appeal from an inferior court, the dismissal by plaintiffs before submission leaves the cause as though no judgment has been rendered. Turner v. Northcutt, 9 Mo. 252; St. Joseph v. Lavenport, 55 Mo. 572; Lee v. Kaiser, 80 Mo. 431. (3) This proceeding is, in effect, an appeal from the probate court, and should be governed by the same rules. Lickey v.…
1Opinion of the CourtRay, C. J.
Plaintiff brings this action in the circuit court of St. Louis to set aside the will of Patrick McMahon, which had • been 'admitted to probate in the probate court of said city. After the issues were made up, plaintiffs filed their motion in writing to dismiss the cause, which coming on for hearing, the court struct said motion from the files,, and plaintiffs declining to further appear, the court heard the evidence offered by defendants in support of the will, and entered its judgment establishing the same as the last will and testament of said McMahon. Plaintiffs afterwards filed their…
2Cases cited4 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Harris v. HaysSupreme Court of Missouri · 1873
- Hughes v. BurrissSupreme Court of Missouri · 1885
3Cited by9 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Campbell v. St. Louis Union Trust Co.Supreme Court of Missouri · 1940
- Watson v. AldersonSupreme Court of Missouri · 1898
- Cash v. LustSupreme Court of Missouri · 1898
- Hogan v. HincheySupreme Court of Missouri · 1906
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