DALLAVALLE v. BERRY GRANT COMPANY

No. 33734.

462 S.W.2d 175 (1970)

Frank DALLAVALLE and Clara Dallavalle, Plaintiffs-Appellants, v. BERRY GRANT COMPANY, a Missouri corporation, and Robert E. Flynn and Virginia Flynn, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

December 22, 1970.


Attorney(s) appearing for the Case

Thompson, Mitchell, Douglas, Neill & Guerri, Richard A. Gephardt, St. Louis, for plaintiffs-appellants.

Armstrong, Teasdale, Kramer & Vaughan, John J. Cole, George S. Thomas, St. Louis, for defendants-respondents.


BRADY, Judge.

In this unlawful detainer action instituted in the magistrate court judgment was entered in favor of defendants. Plaintiffs appealed to the circuit court but before trial in that court and without leave of court or notice to defendants, voluntarily dismissed "* * * their appeal from the Magistrate Court of the City of St. Louis herein and their petition herein without prejudice at plaintiffs' costs." Eleven days later defendants filed a motion for affirmance...

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