Dallavalle v. Berry Grant Co.

BRADY, Judge.

In this unlawful detainer action instituted in the magistrate court judgment was entered in favor of defendants. Plaintiffs appealed to the circuit court but before trial in that court and without leave of court or notice to defendants, voluntarily dismissed “ * * * their appeal from the Magistrate Court of the City of St. Louis herein and their petition herein without prejudice at plaintiffs’ costs.” Eleven days later defendants filed a motion for af-firmance of the magistrate court judgment. The circuit court sustained that motion and upon a denial of their motion for rehearing…