Matter of Petition of Butler
New York Court of Appeals
Appeal from order of the Greneral Term of the Court of Common Pleas in and for the city and county of Hew York, made Hovember 10, 1884, which affirmed an order of Special Term denying a motion on behalf of Prescott Hall Butler, the petitioner above, for leave to discontinue these proceedings. The nature of the proceedings and the material facts are stated in the opinion.
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Appeal from order of the Greneral Term of the Court of Common Pleas in and for the city and county of Hew York, made Hovember 10, 1884, which affirmed an order of Special Term denying a motion on behalf of Prescott Hall Butler, the petitioner above, for leave to discontinue these proceedings. The nature of the proceedings and the material facts are stated in the opinion. A party to an action or special proceeding has a right to an order without notice to his adversary, discontinuing his suit on payment of costs. (Garham’s Pr. 603-604; 1 Burr. Pr. 383; Averill v. Patterson, 10 N. Y. 500; Cook…
1Opinion of the CourtFinch, J.
Ordinarily, a suitor has a right to discontinue any action or proceeding commenced by him, and his reasons for so doing.are of no concern to the court. A party should no more be compelled to continue a litigation than to commence one, except where substantial rights of other parties have accrued, and injustice will be done to them by permitting the discontinuance. In such a ease, through the control which the court exercises over the entry of its order, there is discretion to refuse; but where there are no such facts, and nothing appears to show a violation of the right or interest of the…
2Cases cited2 opinions
- Carleton v. . DarcyNew York Court of Appeals · 1878
- In re Anthony-streetNew York Supreme Court · 1839
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- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Cash v. KruschkeWisconsin Supreme Court · 1908
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