Hunsden v. Churchill
Cases that cite this one
1 later published case cites this decision.
- Trojan Drilling Co. v. Morrison (Okla. 1921)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court.
The modes in which an action may be dismissed in the district courts of this state, are prescribed by sec. 242, chap. 66, Gen. Stat., by which, also, “ all other modes of dismissing an action, by non-suit or otherwise, are abolished.” A discontinuance being but a species of dismissal, (in the eye of the statute,) it follows that a mere submission to arbitration, though followed by an award, is not here a discontinuance of an action, since it is not one of the prescribed modes of dismissal.
It is proper further to observe that the conduct of defendant’s counsel, after the alleged arbitration and award, in consenting to two continuances of this action, in stipulating for a reference thereof, in interposing a supplemental answer, and in going to trial before the referee, is inconsistent with the idea that the action had been extinguished by a discontinuance.
The other questions argued by the plaintiff’s counsel are not properly before us at this stage of the case.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.