Allen v. Dodson
Supreme Court of Kansas
Error from Butler District Court. On the 13th day of March, 1886, Emma A. Allen filed her petition in the district court of Butler county, against H. T. Dodson, the sheriff of that county, to restrain him from selling on execution a certain tract of land situated in said county, and an undivided half of a lot iu the city of Augusta; claiming the land as her homestead, it having been the homestead of her husband before her marriage, and having been purchased by her from him…
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Error from Butler District Court. On the 13th day of March, 1886, Emma A. Allen filed her petition in the district court of Butler county, against H. T. Dodson, the sheriff of that county, to restrain him from selling on execution a certain tract of land situated in said county, and an undivided half of a lot iu the city of Augusta; claiming the land as her homestead, it having been the homestead of her husband before her marriage, and having been purchased by her from him subsequent to the marriage. She had also purchased from her husband the undivided half of the Augusta city lot. The…
1Opinion of the Court
Opinion by
Simpson, C.: I.
The first contention of counsel for the plaintiff in error is, that the action was dismissed before the filing of the answer, by an entry on the appearance docket of an order to that effect, and that at any time before an answer is or ought to be filed, the plaintiff has a right to dismiss his action. This involves a construction of § 397 of the code, and it will be noticed that the sections with reference to a dismissal of a case form a part of the article on judgment. It is true that an action may be dismissed by the plaintiff without prejudice to a future action,…
2Cases cited4 opinions
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Smythe v. ParsonsSupreme Court of Kansas · 1887
- Randal v. ElderSupreme Court of Kansas · 1873
- Wilcox v. ByingtonSupreme Court of Kansas · 1887
3Cited by14 opinions
- Deatsch v. FairfieldArizona Supreme Court · 1925
- Geier v. Eagle-Cherokee Coal Mining Co.Supreme Court of Kansas · 1957
- Clark v. CoxSupreme Court of Florida · 1920
- Smith-Frazer Boot & Shoe Co. v. DerseSupreme Court of Kansas · 1889
- Yount v. HooverSupreme Court of Kansas · 1915
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