Parker v. Johnson
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. Turner A. Hill, Judge. The case is stated in the opinion. I. The plaintiffs went out of court of their own uccord, and, being out, were entitled to no further relief in the cause. Dumey v. Schaeffer, 20 Mo. 328 ; Shulter v. Boekwinkle, 19 Mo. 647; Pol v. Dominie, 46 Mo. 113; Koger v. Hays, 57 Mo. 339; Gentry v. Black, 32 Mo. 542; Chiles v. Wallace, 83 Mo. 84. II.
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Error to Jackson Circuit Court, Hon. Turner A. Hill, Judge. The case is stated in the opinion. I. The plaintiffs went out of court of their own uccord, and, being out, were entitled to no further relief in the cause. Dumey v. Schaeffer, 20 Mo. 328 ; Shulter v. Boekwinkle, 19 Mo. 647; Pol v. Dominie, 46 Mo. 113; Koger v. Hays, 57 Mo. 339; Gentry v. Black, 32 Mo. 542; Chiles v. Wallace, 83 Mo. 84. II. Judgment for plaintiff, after voluntary dismissal h>y him, is invalid, without notice or process on defendant. Pacific Railroad v. County Court, 55 Mo. 162; sect. 3239, Hev. Stat. ; Shaw v.…
1Opinion of the CourtEllison, J.
This was an ordinary action on an account ; service was had on defendant, and, on trial, judgment was rendered in plaintiff ’ s favor. Defendant, in due time, filed his motion for new trial, which was granted, whereupon plaintiff voluntarily dismissed the case, and final judgment was regularly entered for defendant “that he go thereof without day, and have and recover his costs,” etc. Afterwards, but during the same term, without notice to defendant, plaintiff filed a motion to reinstate the cause. Afterwards, defendant not appearing, the motion was sustained and the cause reinstated.
Afterward…
2Cases cited2 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- State ex rel. Thomas v. Treasurer of Callaway CountySupreme Court of Missouri · 1869
3Cited by4 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- Conway v. CampbellMissouri Court of Appeals · 1889
- Laun v. PonathMissouri Court of Appeals · 1902
- Curfman v. Fidelity & Deposit Co.Missouri Court of Appeals · 1912