Bunting v. Stone
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. E. . Goodrich, Judge. The court erred ■ in permitting the plaintiff to dismiss this suit after the same had been finally submitted and in'not sustaining defendant’s motion to set aside the dismissal and reinstate the cause. Sec. 1980, R. S. 1909; Publishing Co. v. Gordon, 173 Mo. 139; Board of Education v. Fidelity & Guaranty Co., 155 Mo. App. 109.'
1Opinion of the CourtEllison, P. J.
Plaintiff’s action was in equity, to restrain defendant from further engaging in mercantile business in Kansas City prior to the 21st day of June, 1919, in accordance with his contract to that éffect. The case came up for trial and was heard by the court. Whether it was fully heard and finally submitted is the point of controversy in this appeal. Plaintiff claims that before it was finally submitted he offered to dismiss the case. Defendant objected, but the court overruled his objection and dismissed the case as requested by plaintiff, and defendant appealed from the judgment of dismissal.
The…
2Cases cited4 opinions
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Wilson & Co. v. StarkMissouri Court of Appeals · 1890
3Cited by2 opinions
- State ex rel. Dunklin County v. BlakemoreSupreme Court of Missouri · 1918
- Nooning v. MillerMissouri Court of Appeals · 1914