Mercartney v. Crittenden

The bill was filed September 4, 1884. Demurrer filed December 9,1884. The demurrer having been argued and submitted, it was overruled on March 2, 1885, and leave given to answer npon payment of the usual costs. On April 4th the defendants answered fufly to the merits. On May 1, 1885, the court dismissed the bill without prejudice, without looking into it, on the voluntary application of the complainant, the defendants not appearing, and not being present. The question is whether defendants are entitled to the docket fee taxable under section 824, Rev. St. on a “final hearing” in equity. The…