St. Louis Southwestern Railway Co. v. White Sewing Machine Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robeiit J. Lea, Judge. The statute (Sand. & H. Dig., § 579) provides for dismissals ■without prejudice only before final submission.
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Appeal from Pulaski Circuit Court. Robeiit J. Lea, Judge. The statute (Sand. & H. Dig., § 579) provides for dismissals ■without prejudice only before final submission. It was error for the court to allow such dismissal after submission. 8 S. E. 806; 10 Wend. 520; 20 Wend. 36; 1 T. R. 52; 11 Johns. 458; 5 Johns. 346; 2 Johns. 181, 191; 10 S. E. 807; 8 la. 462; 23 la. 216; 59 N. W. 1009; 70 lad'. 524. Appellant had the right, with leave of the court, to dismiss before the case was decided. 26 Mo. 492; 42 Mo. App. 376; 13 Mo. 588; 48 S. W. 447. The court had the power to allow the dismissal, so…
1Opinion of the CourtWood, J.
The question is, can a court, sitting as a jury, in a cause finally submitted for decision, permit the plaintiff to withdraw the. submission and take a nonsuit without prejudice? The statute is as follows: “An action may he dismissed without prejudice to a future action: First. By the plaintiff before the final submission of the ease to the jury or to the court, where the trial is by the court. * * * In all other cases, upon the trial
of the action, the decision must be upon the merits/’’ Sec. 5791, Sand. & H. Dig. Kansas has an exactly similar statute. In Ashmead v. Ashmead, 23 Kan. 262, the…
2Cases cited1 opinion
- Ashmead v. AshmeadSupreme Court of Kansas · 1880
3Cited by11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Raymond v. YoungSupreme Court of Arkansas · 1947
- Falvey v. CoatsCourt of Appeals for the Eighth Circuit · 1931
- Hall v. Chess & Wymond Co.Supreme Court of Arkansas · 1917
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
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