Baldwin v. Roman
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. J. C. Bichardson. On May 23, 1896, Sigmund Boman sued out a garnishment against A. M. Baldwin upon a judgment previously obtained against the Montgomery Iron Works. On May 18, 1897, the garnishee answered in writing not indebted, and the cause was continued.
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Appeal from Montgomery Circuit Court. Tried before Hon. J. C. Bichardson. On May 23, 1896, Sigmund Boman sued out a garnishment against A. M. Baldwin upon a judgment previously obtained against the Montgomery Iron Works. On May 18, 1897, the garnishee answered in writing not indebted, and the cause was continued. The original answer having been lost, a substituted answer was filed June 4, 1901. The cause was continued at the November term, 1896. Nothing was done at the May term, 1897, except the filing of said written answer. On December 23, 1897, the garnishee was discharged, but this order…
1Opinion of the CourtHaralson, J.
— It is well settled, that while a suit in its ordinary form is pending in a court of law, the *325plaintiff lias, subject to certain exceptions, the absolute riglit, before or after issue joined and at any time before verdict rendered, to dismiss bis suit or take a voluntary non-suit.—Davis v. Forshee, 34 Ala. 108; Jennings v. Pearce, 99 Ala. 305; 6 Ency. Pl. & Pr., 883, 843; 1 Am. & Eng. Ency. Law (1st ed.), 184; Hawes on Parties to Actions, § 2.
Tliis rule seems to be of universal application, except where by the proceedings, or by decree, whether final or interlocutory, the rights of a…
2Cases cited2 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Jennings v. PearceSupreme Court of Alabama · 1892
3Cited by6 opinions
- Montgomery Iron Works v. RomanSupreme Court of Alabama · 1906
- Alabama Power Company v. NicholsSupreme Court of Alabama · 1963
- Vines v. Crescent Transit, Inc.Supreme Court of Alabama · 1958
- Darden v. HollowayAlabama Court of Appeals · 1911
- Jefferson County v. AdwellSupreme Court of Alabama · 1958
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