Thompson v. Gaither

(after stating the case as above).

By the terms of article 2182, R. S. 1925, “at any time [quoting] before the jury has retired, the plaintiff may take a non-suit, but he shall not thereby prejudice the right of an adverse party to be heard on his claim for affirmative relief.” So, whether the trial court erred when he overruled appellants’ motion for leave to take a nonsuit and when he rendered the judgment here complained of depends upon whether appellee was in the attitude of seeking affirmative relief-or not. .

*1108It will be seen, on referring to the statement above, that appellants’ suit was…