Inman Manufacturing Co. v. American Cereal Co.

i. Actions j voluntary dismissal. Upon remand of this cause, after the last decision by this court the plaintiff filed a dismissal, saying that it “hereby dismisses its petition and cause of acton in the above-entitled cause upon its own motion and at its own costs and without . , prejudice. Ordinarily siren a dismissal would be available to the plaintiff even after reversal on appeal and exact entry of judgment accordingly. Rynear v. Neilin, 4 G. Greene, 524. Section 3764 of the Code provides that “an action may be dismissed, and such dismissal shall be without prejudice to a future action:…