Bissell v. Village of Williamsville

The question involved in this motion is whether or not plaintiff has the right to discontinue her action upon payment of ordinary costs.

Plaintiff, a property owner, brought her action for an injunction and damages for an alleged illegal diversion of the waters of Ellicott creek in the village of Williamsville, Erie county, N. Y.

The defendants answered without setting out a counterclaim or seeking affirmative relief and prepared for trial. Defendants demanded a bill of particulars but none was served. The case was set for a definite day for trial at an equity term of this court. A day or two…