Stauffer v. Stauffer
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thos. G. Hennings, Judge. (1) The plaintiff shall he allowed to dismiss his suit or take a nonsuit at any time before the same is finally submitted to the jury, or. to the court sitting as a jury, or to the court, and not afterwards. B. S. 1909, sec. I960; Beed y. Beed, 39 Mo. App. 473; Sav,oni v. Brashear, 46 Mo. 345; Lawyers’ Co-Op. Pub.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Thos. G. Hennings, Judge. (1) The plaintiff shall he allowed to dismiss his suit or take a nonsuit at any time before the same is finally submitted to the jury, or. to the court sitting as a jury, or to the court, and not afterwards. B. S. 1909, sec. I960; Beed y. Beed, 39 Mo. App. 473; Sav,oni v. Brashear, 46 Mo. 345; Lawyers’ Co-Op. Pub. Co. v. Cordon, 173 Mo. 139. (2) An action for divorce in Missouri is purely statutory, and there is no statute authorizing a dismissal by plaintiff after a final judgment. In re Kinsolving, 135…
1Opinion of the CourtReynolds, P. J.
— Plaintiff brought his action for divorce. A trial was had before the court at the February, 1917, term thereof, and at its conclusion the cause was submitted upon the pleadings, evidence and proof adduced, and the court took time to consider it. Thereafter, and during the same term, the court rendered this decree; namely:
“This cause having- been tried by the court on the 12th day of February, 1917, and having on said last-mentioned date been by the parties hereto submitted to the court, upon the pleadings and the evidence, . . ■. and the court being now fully advised in the premises, doth…
2Cases cited3 opinions
- Long v. LongSupreme Court of Missouri · 1897
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- State ex rel. Wendling v. ArnoldMissouri Court of Appeals · 1917
3Cited by1 opinion
- Landau v. Ohio Leather Co.Missouri Court of Appeals · 1920