Schneider v. Kirkpatrick
Missouri Court of Appeals
Appeal from, the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The second count does not constitute any proceeding in equity, and if it did the court decided that appellant has no case, and according to the decisions, including those cited by respondents, when the court decides that the plaintiff can' not recover a cent, then a nonsuit is not voluntary.
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Appeal from, the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The second count does not constitute any proceeding in equity, and if it did the court decided that appellant has no case, and according to the decisions, including those cited by respondents, when the court decides that the plaintiff can' not recover a cent, then a nonsuit is not voluntary. Where the ruling of the court strikes at the root of the case and precludes a recovery, then the appellate court will review the action of the trial court. Layton v. Biney, 33 Mo. 87, and other cases cited by respondents. Kennedy v.…
1Opinion of the CourtSmith, P. J.
l^EADINGS. This is an action in which the plaintiff’s petition contained three counts, in the first and third of which it is alleged that the plaintiff was the owner of thirty shares of stock in a certain business corporation, which the defendants had * ' wrongfully converted to their own use to the damage of plaintiff, etc.
The second was in the nature of a bill in equity, having for its object to obtain a decree: First, that the defendants be required to deliver up the certificates of said stock; second, that they have no right, title or interest in said certificates; third, that they be…
2Cases cited18 opinions
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Henderson v. DickeySupreme Court of Missouri · 1872
- Crowe v. PetersSupreme Court of Missouri · 1876
- Jones v. MooreSupreme Court of Missouri · 1868
- Layton v. RineySupreme Court of Missouri · 1862
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