Huth v. Public Service Corp.

The issue here is whether the con-demnor (appellant) who appealed to the circuit court from the condemnation commission’s award has the right to abandon or discontinue the appeal over the objection of the condemnee. The trial court denied appellant’s motion to abandon the appeal. The appeal from the commission’s award was taken April 12, 1969. The motion for leave to abandon the appeal was filed May 29, 1973, and was denied August 9, 1973. Appellant’s motion was in the nature of a motion for a voluntary nonsuit. At common law and early under the code the right to discontinue an action was…