Legal Opinion

Allen v. Hickam

Supreme Court of Missouri

Decided March 30, 1900PublishedCited by 10 opinions

Appeal from Saline Circuit Court. — Noto. Richard Field, Judge. (1) The report of the commissioners was not a final Settlement of the matter in controversy and did not bind the parties until filed and confirmed by the court.. At any time prior to such confirmation plaintiff had a right to take a non-suit. Stephens v. Hume, 25 Mo. 349; Ivory v. Delore, 26 Mo. 505; Worthington v. White, 42 Mo. 462; Mayer v. Old, 51 Mo.

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Appeal from Saline Circuit Court. — Noto. Richard Field, Judge. (1) The report of the commissioners was not a final Settlement of the matter in controversy and did not bind the parties until filed and confirmed by the court.. At any time prior to such confirmation plaintiff had a right to take a non-suit. Stephens v. Hume, 25 Mo. 349; Ivory v. Delore, 26 Mo. 505; Worthington v. White, 42 Mo. 462; Mayer v. Old, 51 Mo. App. 214; Wood v. Nortman, 85 Mo. 298; 1 McQuillin’s PI. and Prac.,'sec. 654. (a) If the report of the commissioners be considered a special verdict a nonsuit should have been…

1Opinion of the CourtBrace, P. J.

This is an action in ejectment instituted in the circuit court of Cooper county to recover possession of a strip of land containing about sixteen acres in said county, described in the petition by metes and bounds. The petition is in the usual form, and the answer a general denial.

After a trial in the Cooper Circuit Court which resulted in a verdict for the plaintiff, which was set aside, and a new trial granted, the venue was changed to the Saline County Circuit Court.

The parties are co-terminous proprietors, and the dispute is as to the location of the boundary lines between them. After the…

2Cases cited5 opinions

  1. Newcomb v. WoodSupreme Court of the United States · 1878
  2. Bridgman v. BridgmanSupreme Court of Missouri · 1856
  3. Reily v. RussellSupreme Court of Missouri · 1864
  4. Cochran v. BartleSupreme Court of Missouri · 1887
  5. Taylor v. ScottMissouri Court of Appeals · 1887

3Cited by10 opinions

  1. Hecker v. BleishSupreme Court of Missouri · 1928
  2. Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
  3. Sholz v. MillsMissouri Court of Appeals · 1913
  4. Holt v. WilliamsMissouri Court of Appeals · 1922
  5. Piatt v. Heim & Overly Realty Co.Supreme Court of Missouri · 1938

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