Michael v. Wenning

An order of discontinuance terminates the action in which it is made, and works a dissolution of any provisional remedy granted therein (Hope v. Acker, 7 Abb. Pr. 308). It is, in short, a final determination of the rights of the parties in an action (Crockett v. Smith, 14 Abb. Pr. 62). If the discontinuance be with costs or on payment of costs, the defendant may have the amount thereof taxed and enter judgment therefor, but if the discontinuance be without costs, the order operales as a final adjudiciation that the defendant is not entitled to any costs. The effect of the final order or…