Wilson & Co. v. Stark
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — -IIon. Ciias. W. Sloan, Judge. (1) A cause Is not finally submitted to the court or jury until the court has passed upon the declarations or instructions of the law. Lawrence v. Shreoe, 26 Mo. 492; Hensley v. Pecíc, 13 Mo. 587; 1 R. S. 1889, sec. 2084. Plaintiffs, on the refusal of their declarations of law 1, 5, 6 and 7, had the right to take a voluntary nonsuit, and it was error for the court to refuse this request.
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Appeal from the Johnson Circuit Court. — -IIon. Ciias. W. Sloan, Judge. (1) A cause Is not finally submitted to the court or jury until the court has passed upon the declarations or instructions of the law. Lawrence v. Shreoe, 26 Mo. 492; Hensley v. Pecíc, 13 Mo. 587; 1 R. S. 1889, sec. 2084. Plaintiffs, on the refusal of their declarations of law 1, 5, 6 and 7, had the right to take a voluntary nonsuit, and it was error for the court to refuse this request. Authorities, supra; Wood v. Hortman, 85 Mo. 298; Huihsing v. Mans,, 36 Mo. 109 ; Everett v. Taylor, 32 Mo. 390 ; Templeton v. Wolf, 19…
1Opinion of the CourtGill, J.
Several questions are presented by this record, but for the purposes of our decision it is only necessary to state the following: The suit here is .an action at law for money had and received. The parties -waived a trial by jury, and the cause was submitted to *379the' court. Evidence for the respective parties was heard, and on October 24, 1889, the cause was.argued. On October 25, the judge of the court was proceeding to announce its decision in defendants’ favor, when, at the request of plaintiffs’ counsel, the finding and judgment were withheld to permit plaintiffs’ connsel to prepare and…
2Cases cited2 opinions
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Hensley v. PeckSupreme Court of Missouri · 1850
3Cited by8 opinions
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Chicago, M. & St. P. Ry. Co. v. MetalstaffCourt of Appeals for the Eighth Circuit · 1900
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
- Mayer v. OldMissouri Court of Appeals · 1892
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