State ex rel. Dixon v. Givan

Whatever right in ordinary circumstances a plaintiff might have under the provisions of section 3724, to dismiss his suit in vacation on the payment of all costs, manifestly he would possess no such right in the present instance. That section, comprehensive though it may be, was never designed to'enable a plaintiff to evade nr balk the mandates of this court. When the case of Atkison v. Dixon was here on appeal, (70 Mo. 381,) we regarded the evidence as having amply established the equitable right of Mrs. Dixon to the land; and such right was necessarily contested and drawn in question in…