510.140. Defendant may move for dismissal of an action--effect of motion.
Defendant may move for dismissal of an action--effect of motion.
510.140. For failure of the plaintiff to prosecute or tocomply with this code or any order of court, a defendant may movefor dismissal of an action or of any claim against him. Afterthe plaintiff has completed the presentation of his evidence, thedefendant, without waiving his right to offer evidence in theevent the motion is not granted, or in the event that the motionis granted and the resulting judgment is later held erroneous,may move for a dismissal on the ground that upon the facts andthe law the plaintiff has shown no right to relief.
(L. 1943 p. 353 § 100)