Townsend v. Jackson Circuit Judge

Relator brought assumpsit against Lewis K. Kent and Lou Edda Kent, husband and wife, by attachment; the affidavit alleging the existence of an express contract. Upon the trial, and after the conclusion of the proof, relator moved that he be allowed to discon*232tinue against Lou Edda Kent, under Circuit Court Rule 27; the proof failing to show that she was a party to said contract. An order of discontinuance was thereupon entered in her favor, and, the cause being submitted to the jury, a verdict and judgment were rendered as against Lewis K. Kent. Circuit Court Rule 27, subd. b, provides:

“ (6)…