Cairo Brewing Co. v. Hogg
Missouri Court of Appeals
1. CIRCUIT COURTS: Jurisdiction: Reinstatement of Case at Term Subsequent to Term at Which it was Dismissed. Where a cause has been dismissed by plaintiff, and no further entry or order concerning the case is made at that term, then after the adjournment of that term the case was out .of court and the court lost all jurisdiction thereof and was powerless to reinstate it, or make any orders at a subsequent term without the voluntary appearance and consent of all the parties.
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1. CIRCUIT COURTS: Jurisdiction: Reinstatement of Case at Term Subsequent to Term at Which it was Dismissed. Where a cause has been dismissed by plaintiff, and no further entry or order concerning the case is made at that term, then after the adjournment of that term the case was out .of court and the court lost all jurisdiction thereof and was powerless to reinstate it, or make any orders at a subsequent term without the voluntary appearance and consent of all the parties. Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Although there was neither motion for a new trial in…
1Opinion of the CourtCox, J.
The question to he determined here is the validity of the judgment entered at the January term, 1909. We first observe that this case was dismissed by plaintiff at the April term, 1907, and no further entry made at that term. It follows then that after the adjournment of that term, the case was out of court and the court lost all jurisdiction thereof and was powerless to reinstate it, or make any orders in that *396case at a subsequent term without the voluntary appearance and consent of all the parties. [Danforth v. Lowe, 53 Mo. 217; Warren v. Manwarring, 173 Mo. l. c. 38, 73 S. W. 447.]
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2Cases cited2 opinions
- Danforth v. LoweSupreme Court of Missouri · 1873
- Warren v. ManwarringSupreme Court of Missouri · 1903
3Cited by4 opinions
- Fisher v. Spray Planes, Inc.Missouri Court of Appeals · 1991
- Johnson v. BaumhoffSupreme Court of Missouri · 1929
- Scott v. DavisMissouri Court of Appeals · 1918
- Marvin v. PiersonCourt of Appeals of Texas · 1938