Laun v. Ponath
Missouri Court of Appeals
Appeal from Maries Circuit Court. — Ron. Jos'. E. Hazell, Judge. (1) The defendants made no appearance, although duly summoned to appear at the October term, 1895, the term of court to which said cause was returnable for trial. The court dismissed said cause for want of prosecution on account of the fact that for some reason not disclosed by the record, the plaintiff failed to reach the court on the third day of the term.
Read the full summary
Appeal from Maries Circuit Court. — Ron. Jos'. E. Hazell, Judge. (1) The defendants made no appearance, although duly summoned to appear at the October term, 1895, the term of court to which said cause was returnable for trial. The court dismissed said cause for want of prosecution on account of the fact that for some reason not disclosed by the record, the plaintiff failed to reach the court on the third day of the term. The plaintiff appeared during the term, however, and moved to have said cause reinstated. The court reinstated said cause which it had the power to do. All the proceedings…
1Opinion of the CourtEllison, J.
— Plaintiff instituted an injunction proceeding to enjoin the foreclosure of a deed of trust. At the first term of the circuit court thereafter, on the third day‘of the term, being the ninth day of October, 1895, the court entered the following order of dismissal and judgment thereon: “This cause is dismissed at cost of plaintiff for want of prosecution. Wherefore, it is considered by the court and so ordered and adjudged, that defendants recover their costs in this suit laid out and expended, and have execution therefor.”
Afterwards, in November, 1895, at an adjourned term, plaintiff by…
2Cases cited6 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Jackson v. FultonMissouri Court of Appeals · 1901
- Roberts v. St. Louis Merchants' Land Improvement Co.Supreme Court of Missouri · 1895
- Parker v. JohnsonMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Curfman v. Fidelity & Deposit Co.Missouri Court of Appeals · 1912