State ex rel. Paxton v. Guinotte
Supreme Court of Missouri
Certiorari. (1) A plaintiff may dismiss any suit pending in a conrt of record at any time before it is finally submitted to tbe conrt or jury. R. S. 1909, secs. 1979-1980'; Houston v. Thompson, 87 Mo. App. 63. The rule in will contest cases is- not applicable to other cases. Benoist v. Murrin, 48 M|o. 48; Hughes v. Burris, 85 Mo. 660; Norton v. Paxton, 110 Mo. 456. (2) An insanity proceeding is a “suit” within the meaning of the statutes providing for dismissal and non-suit.
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Certiorari. (1) A plaintiff may dismiss any suit pending in a conrt of record at any time before it is finally submitted to tbe conrt or jury. R. S. 1909, secs. 1979-1980'; Houston v. Thompson, 87 Mo. App. 63. The rule in will contest cases is- not applicable to other cases. Benoist v. Murrin, 48 M|o. 48; Hughes v. Burris, 85 Mo. 660; Norton v. Paxton, 110 Mo. 456. (2) An insanity proceeding is a “suit” within the meaning of the statutes providing for dismissal and non-suit. R. S. 1909, secs. 480', 481, 529, 1727, 1756-, 3845; Acker le v. Wood, 95 Mo. App. 378; Clinton v. Clinton, 223' Mo.…
1Opinion of the CourtFaris, J.
This is an original proceeding by certiorari, to bring up the record of the probate court of Jackson county, in the matter of an inquiry formerly pending in that court, touching the sanity of one Jane Eliza Plunket.
Jane Eliza Plunket is the wife'of Dr. J. D. Plunket, of Nashville, Tennessee. She was the sister of Thomas H. Swope, deceased, and by the will of the latter there was bequeathed to her the sum of $10,000, together with a devise of a half-interest in a certain building situate *6on Main street in Kansas City, Missouri. Upon an inquest of lunacy had at Nashville she was adjudged to be…
2Cases cited15 opinions
- Hunt v. SearcySupreme Court of Missouri · 1902
- Phillips v. MooreSupreme Court of the United States · 1879
- Evans v. EvansIndiana Supreme Court · 1886
- Berry v. BerryIndiana Supreme Court · 1897
- Herndon v. VickCourt of Appeals of Texas · 1898
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3Cited by21 opinions
- State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- State ex rel. Cook v. Circuit CourtIndiana Supreme Court · 1923
- State Ex Rel. Terry v. HoltkampSupreme Court of Missouri · 1932
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