Legal Opinion

Thaler v. Niedermeyer

Missouri Court of Appeals

Decided November 3, 1914PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The nonsuit in this case, though called involuntary, was voluntary. No exception was taken-to the ruling of the court in directing a verdict for defendants, and hence it was error to sustain" a motion to set it aside. There is, therefore, nothing before this court for review, and the judgment for defendants should be affirmed. Lewis v. Mining Co., 199 Mo. 469; Allen v. Railroad, 141 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The nonsuit in this case, though called involuntary, was voluntary. No exception was taken-to the ruling of the court in directing a verdict for defendants, and hence it was error to sustain" a motion to set it aside. There is, therefore, nothing before this court for review, and the judgment for defendants should be affirmed. Lewis v. Mining Co., 199 Mo. 469; Allen v. Railroad, 141 Mo. App. 589; Montei v. Railroad, 130 Mo. App. 149; Adamson v. Railroad, 126 Mo. App. 127; Jones v. Lime Co., 128 Mo. App. 345; Searle…

1Opinion of the CourtAllen, J.

This is an action at law for damages alleged to have been sustained by the- plaintiff by reason of false and fraudulent representations of the defendants in connection with a real estate transaction. Plaintiff suffered a nonsuit below, and this appeal is from an order setting aside the same, and granting a new trial, as to these appellants.

Because of questions raised here, we note the precise state of the record respecting the taking of the nonsuit and the setting aside of the same.

As instituted, the suit was against these appellants, Neidermeyer and Kline, and another defendant, an attorney.…

2Cases cited12 opinions

  1. Judd v. WalkerSupreme Court of Missouri · 1908
  2. Stonemets v. HeadSupreme Court of Missouri · 1913
  3. Green v. Terminal RailroadSupreme Court of Missouri · 1908
  4. Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
  5. Davis v. FormanSupreme Court of Missouri · 1910

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
  2. Kring v. Globe Farmers' Town Mutual Fire, Tornado, Cyclone & Windstorm InsuranceMissouri Court of Appeals · 1916
  3. Stone v. BogueMissouri Court of Appeals · 1944
  4. Flack v. WahlMissouri Court of Appeals · 1917
  5. Ferguson v. BakerMissouri Court of Appeals · 1915

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