Warner v. Warner

Citations

• 83 Kan. 548
• 112 P. 97
• 1910 Kan. LEXIS 581

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Actions — Dismissal without Prejudice. Under the facts as shown by the record, where the plaintiff in an action has submitted his case by introducing his evidence and filing a written brief, and the court has taken the case under advisement and has considered the merits thereof, the plaintiff is not entitled as a matter of right to dismiss his action without prejudice.</p> <p>2. Costs — Fees for Guardian ad Litem. Costs in an action were not recoverable at the common law, and before they can be awarded to either party under our code some warrant therefor must be found in the statute; and a statute which provides for the allowance of costs does not authorize the taxing of any fees for a guardian ad litem for, the prevailing party as costs against his opponent, there being no statutory provision therefor.</p>