Allen v. Hickam
Supreme Court of Missouri
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.
Read the full summary
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
- Newcomb v. WoodSupreme Court of the United States · 1878
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- Reily v. RussellSupreme Court of Missouri · 1864
- Cochran v. BartleSupreme Court of Missouri · 1887
- Taylor v. ScottMissouri Court of Appeals · 1887
3Cited by10 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
- Sholz v. MillsMissouri Court of Appeals · 1913
- Holt v. WilliamsMissouri Court of Appeals · 1922
- Piatt v. Heim & Overly Realty Co.Supreme Court of Missouri · 1938
5 more not listed; retrieve them via the Exa API.