Howard v. Strode
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The plaintiff in any action at law or in equity has the right, at any time before the cause is finally submitted to the jury or to the court, to take a nonsuit or dismiss his cause. And this is true even when the cause happens to be an appeal from the probate court to the circuit court. This right is given to appellant 42 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The plaintiff in any action at law or in equity has the right, at any time before the cause is finally submitted to the jury or to the court, to take a nonsuit or dismiss his cause. And this is true even when the cause happens to be an appeal from the probate court to the circuit court. This right is given to appellant 42 Mo. App. 376; Lawrence v. S hr eve, 26 Mo. 492; Wood by section 639, Revised Statutes 1899. Wilson y. Stark, y. Nortman, 85 Mo: 303; Horris v. Beam, 46 Iowa 118; Morrissey v. Railroad, 80 Iowa…
1Opinion of the CourtGoode, J.
This appellant, Mary Howard, claiming to be the widow of Laclede J. Howard, deceased, filed on May 12, 1905, in the probate court of the city of St. Louis, her petition under section 106 of the Revised Statutes of 1899, for an appropriation out of the assets of the estate in lieu of the grain, meat and other *485provisions allowed a widow and family of a deceased husband for a year’s support by section 105 of the statutes. This petition was heard on January 13, 1906, and judgment rendered against the petitioner, who took an appeal to the circuit court. The cause came on to be heard in the latter…
2Cases cited33 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- State v. MannSupreme Court of Missouri · 1884
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Walter v. ScofieldSupreme Court of Missouri · 1902
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3Cited by19 opinions
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Hickerson v. Con Frazier Buick Co.Missouri Court of Appeals · 1953
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
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