Koger v. Hays
Supreme Court of Missouri
Appeal from Daviess Circuit Court. I. This appeal should be dismissed. It being a proceeding in equity, no appeal will lie from a voluntary non-suit, taken upon the refusal of the inferior court to strike out an answer as insufficient. (Schulter’s, Adm’r, vs. Bockwinkle’s, Adm’r, 19 Mo., 647 ; Dnmey vs. Schoeffler, 20 Mo., 323 ; Louisiana & Middleton P. R. Co. vs. Mitchell, 20 Mo.., 432; Kirby, vs. Bruns, 45 Mo., 234; Grill vs. Clark, 54 Mo., 415.)
1Opinion of the CourtAdaMS, Judge
In this case, the plaintiff, conceiving that one of the defenses, set up in the defendant’s answer, constituted no defense at all, moved the court to strike it out. The court overruled this motion, and plaintiffs excepted ; and the plaintiffs thereupon took a non-suit with leave fo move to set it aside, and did afterwards file a motion to set aside the non-suit; and the court overruled their motion and entered a final judgment of non-suit, from which the plain tiffs have appealed to this court.
This case comes directly • within the principle decided by this court in Schulter’s Adm’r vs.…
2Cases cited5 opinions
- Schulter's Administrator v. Bockwinkle's AdministratorSupreme Court of Missouri · 1854
- Kirby v. BrunsSupreme Court of Missouri · 1870
- Dumey v. SchoefflerSupreme Court of Missouri · 1855
- Gill v. ClarkSupreme Court of Missouri · 1873
- Louisiana & Middletown Plank Road Co. v. MitchellSupreme Court of Missouri · 1855
3Cited by3 opinions
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932
- Schneider v. KirkpatrickMissouri Court of Appeals · 1897