Darnell v. Haines

Citations

• 110 Kan. 363
• 203 P. 712
• 1922 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — From Probate Court to District Court — Plaintiff’s Right to Dismiss His Action. On an appeal from the probate court the district court tries the case de novo, and the plaintiff may dismiss his action without prejudice at any time before the final submission thereof to the court. (Civ. Code, § 395.)</p> <p>2. Same — Action Dismissed — Improperly Reinstated. Appellant’s claim against an estate was disallowed in the probate court and he appealed to the district court where he filed a motion to dismiss the claim without prejudice, which the court sustained, and he paid the costs. Subsequently, on the motion of the administrator, the court set aside the order of dismissal and reinstated the cause. Held, error.</p>