Karnes v. American Fire Insurance
Missouri Court of Appeals
Appeal from, the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. “ Cases once legally commenced continue until some affirmative action is shown discontinuing them.” Bond v. White, 24 Kan. 45, at p. 47; Smith v. Bank, 24 Kan. p. 531. (1) The judgment of the appellate court, whether right or wrong, was binding on the lower court. It had no authority other than to follow its mandate that the nonsuit was voluntary. The judgment was affirmed and the case ended.
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Appeal from, the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. “ Cases once legally commenced continue until some affirmative action is shown discontinuing them.” Bond v. White, 24 Kan. 45, at p. 47; Smith v. Bank, 24 Kan. p. 531. (1) The judgment of the appellate court, whether right or wrong, was binding on the lower court. It had no authority other than to follow its mandate that the nonsuit was voluntary. The judgment was affirmed and the case ended. McKinney v. Harral, 36 Mo. App. 337; McIntyre v. McIntyre, 24 Mo. App. 166; Boogher v. Frasier, 99 Mo. 325. (2) This court in the…
1Opinion of the CourtEllison, J.
— This cause was originally instituted against defendant on its policy of insurance, wherein on trial, the trial court having made some adverse rulings against plaintiff, on the admission of evidence, she took a non-suit. The court refusing to set aside such non-suit, on plaintiff’s motion to that effect, she appealed to this court. This court in an unreported opinion held, on authority of the eases of Layton v. Rively, 33 Mo. 87, and the State ex rel. v. Gaddy, 83 Mo. 138, that the non-suit taken by plaintiff was voluntary and that the motion to set it aside was therefore properly overruled,…
2Cases cited2 opinions
- Layton v. RineySupreme Court of Missouri · 1862
- State ex rel. Meramec Iron Co. v. GaddySupreme Court of Missouri · 1884
3Cited by2 opinions
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Foster v. WrightMissouri Court of Appeals · 1945