State Ex Rel. Freeman Printing Co. v. Luebke

The sole question is whether the trial court had jurisdiction to grant a voluntary nonsuit to the plaintiff D’Amato while an appeal of the relators in this proceeding from the order overruling their demurrer to the amended complaint was pending in this court. The trial court noted in its memorandum decision and D’Amato argues in his brief that the motion for a non- suit was pending in the trial court at the time the appeal was taken, but we think that fact is not material on the question of the trial court’s jurisdiction.

The question here presented is not in effect unlike the trial court’s…