Hesse v. Missouri State Mutual Fire & Marine Insurance
Supreme Court of Missouri
Error to St. Louis Circuit Court. Action upon a policy of fire insurance, to recover a balance claimed to be due on account of a loss. The cause was tried by the court, a jury being waived. The evidence being heard, the court adjourned until the next day, taking the case under advisement.
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Error to St. Louis Circuit Court. Action upon a policy of fire insurance, to recover a balance claimed to be due on account of a loss. The cause was tried by the court, a jury being waived. The evidence being heard, the court adjourned until the next day, taking the case under advisement. On the next day, the court orally stated the facts found and the conclusions of law thereon, and, as was the practice, directed the defendant’s counsel to reduce the finding to writing, to be signed by the judge. At this point, the plaintiff asked for leave to take a nonsuit, which was refused, and after a…
1Opinion of the CourtScott, Judge
The question involved in this case is of some importance.. It is, at what time, under the present practice act, a' party may dismiss his petition when the trial has been submitted to the court. The practice act now in force is silfent'as to non-suits. Under the New York code, similar in many respects to our own, they seem to have no place. Law and equity being; blended, the term nonsuit would not perhaps have been appropriately applied to all dismissals of petitions indiscriminately.. It seems to be against the spirit of the'present system'of procedure to keep up a distinction between law and…
2Cited by2 opinions
- Meyers v. FieldSupreme Court of Missouri · 1866
- Huthsing v. MausSupreme Court of Missouri · 1865