Ashmead v. Ashmead
Supreme Court of Kansas
Error from Doniphan District Court. Action for divorce. At the September Term, 1879, of the district court, Florence M. Ashmead, as plaintiff, had j udgment against Albert S. Ashmead, as defendant, who brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action for divorce. After the testimony had been received, and the case taken under advisement, the plaintiff moved the court for. leave to dismiss her action without prejudice. Defendant objected, and insisted that judgment be rendered upon the merits,.but the court sustained the motion, and permitted the plaintiff to dismiss without prejudice. Was this error? We have not before us the testimony upon which the court, acted in sustaining this motion. We must therefore presume it sufficient, if the court had the power to grant…
2Cases cited1 opinion
- Schafer v. Weaver & BillSupreme Court of Kansas · 1878
3Cited by11 opinions
- Falvey v. CoatsCourt of Appeals for the Eighth Circuit · 1931
- Burton v. BurtonSupreme Court of Vermont · 1886
- St. Louis Southwestern Railway Co. v. White Sewing Machine Co.Supreme Court of Arkansas · 1901
- Field v. FieldMassachusetts Supreme Judicial Court · 1928
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
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