New England Mortgage Security Co. v. Aughe

.Maxwell, J.

This is an action to foreclose a mortgage upon real •estate, brought in the district court of Saunders county, in September, 1879. The defendants, John P. and ■Cecelia D, Aughe, filed an answer to the petition setting up the plea of usury and the payment of $100.00 as interest. The defendant, Parmele, filed an answer disclaiming any interest in the land. On the 16th of Sept., 1880, the attorneys for the plaintiff directed the clerk to *505enter a dismissal of the action without prejudice, upon payment of costs. A journal entry of November 23,1880, shows that the cause “ was, by…