Dumey v. Schoeffler
Supreme Court of Missouri
Appeal from Chariton Circuit Court. This was a petition by Dumey against Sehoeffler and wife to recover possession of certain real and personal estate.
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Appeal from Chariton Circuit Court. This was a petition by Dumey against Sehoeffler and wife to recover possession of certain real and personal estate. The petition stated that, by the last will of Frederick Heneger, his widow became entitled to the property in question during her life or widowhood, and that she had since intermarried with the defendant, Schoeffler, whereby the plaintiff and Sarah Dumey, an infant, (who was made a defendant, her guardian refusing to join as plaintiff,) by the terms of the will became immediately entitled to the possession of the property. Schoeffler and wife…
1Opinion of the CourtRyland, Judge
This case presents the point of a petitioner taking voluntarily a non-suit, because the court below refused to strike out a part of the defendant’s answer. There was no compulsion by . the court- for this plaintiff to take this non- suit.
The case should have gone on, and the points involved have b,een settled by the court upon proper instructions, so that there might have been a judgment for one or the other parties upon the matters in the answer and petition, which remained after the petitioner’s motion to strike out a part of the answer had been overruled.
In cases where the giving or…
2Cases cited2 opinions
- Schulter's Administrator v. Bockwinkle's AdministratorSupreme Court of Missouri · 1854
- Palmer v. CraneSupreme Court of Missouri · 1844
3Cited by6 opinions
- Francisco v. Chicago & A. R.Court of Appeals for the Eighth Circuit · 1906
- Kirby v. BrunsSupreme Court of Missouri · 1870
- Poe v. DominicSupreme Court of Missouri · 1870
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Koger v. HaysSupreme Court of Missouri · 1874
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