State ex rel. Bernero v. McQuillin
Supreme Court of Missouri
Prohibition. (1) The relator was entitled to dismiss Ms petition in the .action to quiet title; and when the dismissal was entered, it ended the entire case, and accordingly the jurisdiction of the court to proceed further ceased. Gray v. Ward, 234 Mo. 291; Mann v. Doerr, 222 Mo. 11; Podesta v. Land Co., 152 Mo.
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Prohibition. (1) The relator was entitled to dismiss Ms petition in the .action to quiet title; and when the dismissal was entered, it ended the entire case, and accordingly the jurisdiction of the court to proceed further ceased. Gray v. Ward, 234 Mo. 291; Mann v. Doerr, 222 Mo. 11; Podesta v. Land Co., 152 Mo. App. 396. (2) The respondent was entirely without jurisdiction to hear and determine the question whether the relator here was or was not a proper party plaintiff in the suit to contest the alleged will of Theresa Ber-nero, under the provisions of Sec. 555, R. S. 1909, because said…
1Opinion of the CourtLamm, J.
Prohibition. Original proceeding. To our preliminary rule citing Judge McQuillin to show cause, lie made return admitting some,'and raising an issue of fact on certain other, allegations of'the petition. Relator replied to that return, raising an issue of fact on certain allegations of that return. Thereupon by stipulation, to avoid a commissioner to take proof, there is filed here an exemplification of the record entries, evidence, motions and pleas in a certain suit brought by relator to quiet title, and a petition in a certain other suit brought by relator to contest a will, to which…
2Cases cited13 opinions
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- State v. VaughanSupreme Court of Missouri · 1906
- State ex rel. Bixby v. City of St. LouisSupreme Court of Missouri · 1912
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- Fulton v. FisherSupreme Court of Missouri · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Rel. Morasch v. KimberlinSupreme Court of Missouri · 1983
- Dahlberg v. FisseSupreme Court of Missouri · 1931
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
15 more not listed; retrieve them via the Exa API.