Seaboard & Roanoake R. R. Co. v. Ward
New York Supreme Court
Motion to set aside order of discontinuance. The defendant having answered the complaint in this cause setting up a counter-claim, the plaintiff éntered an exporte order of discontinuance; which the defendant moved at special term to set aside. The motion was denied pro forma for the purpose of presenting the question involved, to the general term in the first instance.
1Opinion of the CourtMitchell, J.
The plaintiffs, a foreign corporation, commenced this action against the defendant, for moneys received as them agent. He set np a counter-claim arising out of transactions prior to the agency, and for which, if he has any claim, he can still commence an action. Before the time for replying, the plaintiffs entered an ex-parte order, dismissing the action on payment of costs. The defendant moved to vacate that order, and the judge at special term denied the motion. The defendants appeal.
The absolute right of a plaintiff to discontinue his action on payment of costs, at any time before judgment…
2Cases cited1 opinion
- Cummins v. BennettNew York Court of Chancery · 1840
3Cited by13 opinions
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Electrical Accumulator Co. v. Brush Electric Co.U.S. Circuit Court for the District of Northern Ohio · 1890
- Van Alen v. SchermerhornNew York Supreme Court · 1856
- Angier v. HagerAppellate Division of the Supreme Court of the State of New York · 1899
- Geenia v. KeahNew York Supreme Court · 1873
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