Legal Opinion · Dissent

Swan-Sigler, Inc. v. Black

Supreme Court of Oklahoma

Decided May 10, 1966No. 41148Published

1DissentHalley, Chief Justice

The majority opinion stresses the right ■of the plaintiff to dismiss a civil action under the provisions of Title 12 § 684, O.S. 1961. The section reads:

“A plaintiff may, on the payment of costs and without an order of court, dismiss any civil action brought by him at any time before, a petition of intervention or answer praying for affirmative relief against him is filed in the action. * * * ” '

I do not question the right of the plaintiff to dismiss a civil action under the above section. I believe that § 684, supra, must be construed with other sections of our statutes. If another section…

2Cases cited4 opinions

  1. Riley v. RileyDistrict Court of Appeal of Florida · 1961
  2. Keaton v. BranchSupreme Court of Oklahoma · 1924
  3. Allied Paint Mfg. Co. v. BanesSupreme Court of Oklahoma · 1953
  4. Chaffin Bros. Lumber Co. v. WhiteSupreme Court of Oklahoma · 1939

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