Houston's Admr. v. Thompson's Admr.
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The court erred in refusing to permit plaintiff to dismiss his action. R. S. 1899, sec. 639; Everett v. Taylor, 32 Mo. 300; Worthington v. White, 42 Mo. 462; Wilson v. Starke, 42 Mo. App. 376. (2) The court should have sustained plaintiff’s motion for a new trial on the ground of misapprehension and mistake of counsel in the trial of the action. R. S. 1899, sec. 800; Powell v. Railroad, 59 Mo.
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Appeal from St. Charles Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The court erred in refusing to permit plaintiff to dismiss his action. R. S. 1899, sec. 639; Everett v. Taylor, 32 Mo. 300; Worthington v. White, 42 Mo. 462; Wilson v. Starke, 42 Mo. App. 376. (2) The court should have sustained plaintiff’s motion for a new trial on the ground of misapprehension and mistake of counsel in the trial of the action. R. S. 1899, sec. 800; Powell v. Railroad, 59 Mo. App. 339; Beatty v. O’Connor, 160 Ind. 81. (1) After a cause has been submitted to the jury, or the court sitting as a jury,…
1Opinion of the CourtGoode, J.
The plaintiff commenced this action in the probate court of St. Charles county, to have allowed against the estate of John A. Thompson, deceased, a judgment recovered against him by Susan E. Houston on the sixteenth day of March, 1881, in the circuit court of said county. The judgment was entered in the first instance against three other defendants besides said John A. Thompson. This was on the third day of March, 1880. At the September term, 1880, the plaintiff, Susan E. Houston, moved to modify the original judgment by striking out the names of the three other defendants and for a final…
2Cases cited14 opinions
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Peers v. Davis' AdministratorsSupreme Court of Missouri · 1859
- McGurry v. WallSupreme Court of Missouri · 1894
- Harris v. BeamSupreme Court of Iowa · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Howard v. StrodeMissouri Court of Appeals · 1907
- Plattsmouth Loan & Building Ass'n v. SedlakNebraska Supreme Court · 1935
- Crane v. LeclereSupreme Court of Iowa · 1927
- State Ex Rel. Strong v. CookOhio Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.