Corby v. Taylor , 33 Mo. 374 ( 1863 )

Bates, Judge,

delivered the opinion of the court.

The instructions given for the defendant and the one refused the plaintiff referred solely to the set-off pleaded by the defendant, and not at all to the plaintiff’s cause of action stated in his petition. His cause of action was even admitted by the defendant. The nonsuit taken by him was therefore purely voluntary, and we will not review the action of the court below in refusing to set it aside.

Judgment affirmed.

Judges Bay and Dryden concur.