Lay v. Collins
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court, Varner District. STATEMENT -BY THE COURT. . In August, 1901, Mrs. F. A. Lay brought this action of ejectment against Mrs. Beulah A. Lay, the widow of her son, Charles Lay, to recover from her the possession of sixty acres of land in the Varner District of Lincoln County.
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Appeal from Lincoln Circuit Court, Varner District. STATEMENT -BY THE COURT. . In August, 1901, Mrs. F. A. Lay brought this action of ejectment against Mrs. Beulah A. Lay, the widow of her son, Charles Lay, to recover from her the possession of sixty acres of land in the Varner District of Lincoln County. The defendant appealed, and filed her answer, in which she admitted that the plaintiff was at one time the owner of the land described in her complaint, but she denied that she was the owner at the time the action of ejectment was commenced. On the contrary, she alleged that she was the…
1Opinion of the Court
Riddicií, J.,
(after stating the facts.) The first question presented by this appeal is whether the circuit court erred in overruling the motion of the plaintiff to be permitted to take a nonsuit; said notice being made before the case was called for trial. We regret that counsel for appellee have filed no brief, for we have some doubts as to whether the record correctly shows the grounds of the court’s ruling on this motion. The plaintiff, under our practice, has the right to control his own action, and may dismiss it without prejudice to a future action at any time before the final…
2Cited by2 opinions
- Wiegel v. Road Improvement District No. 1Supreme Court of Arkansas · 1916
- Turner v. Citizens' Bank of Hickory RidgeSupreme Court of Arkansas · 1928