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Runau v. Wheeler

Runau v. Wheeler.

Runau v. Wheeler, 146 N.E. 584 (Ind. Ct. App. 1925)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
February 19, 1925
Docket
No. 12,055.
Judges
Nichols
Citations
146 N.E. 58482 Ind. App. 4891925 Ind. App. LEXIS 236

Opinion of the Court — Nichols

*490 Nichols, J.

Appellee has not favored us with a brief. It appears by appellant’s brief that on March 6, 1924, at the trial of the cause, and before all the evidence was heard, appellant filed his motion to dismiss his action, which motion the court overruled, and thereafter, to wit: on March 7, 1924, found for appellee on appellant’s complaint, and for appellant on appellee’s counter-claim, and rendered judgment accordingly.

Error of the court in overruling appellant’s motion to dismiss his action is the only error assigned.

Section 338 Burns 1914, §333 R. S. 1881, expressly provides that the plaintiff may dismiss his action, when the trial is before the court, at any before the finding of the court is announced. Authorities in harmony with this statute are Board v. Becker (1880), 69 Ind. 468 ;

Cohn v. Rumely (1881), 74 Ind. 120 ;

Wainwright v. Roots Co.

(1912), 176 Ind. 682 , 97 N. E. 8 ; 1 Watson’s Revision Works’ Practice p. 792.

The judgment is reversed, with instructions to the court tó set aside the judgment, and to sustain appellant’s motion to dismiss his action.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11947: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. State ex rel. McNabb v. Allen Superior Court No. 275 N.E.2d 788 (Ind. 1947)
  2. Reynolds v. National City Bank, Exr.173 N.E. 639 (Ind. Ct. App. 1930)

Most recent

  1. State ex rel. McNabb v. Allen Superior Court No. 275 N.E.2d 788 (Ind. 1947)
  2. Reynolds v. National City Bank, Exr.173 N.E. 639 (Ind. Ct. App. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Wainwright v. P. H. & F. M. Roots Co., 97 N.E. 8 (Ind. 1912) 41
Cohn v. Rumely, 74 Ind. 120 (1881) 12

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