Rickets v. Sexton

OPINION

HENRY, Justice.

The only question presented on this appeal is the right of a plaintiff to take a voluntary nonsuit or to dismiss an action without prejudice, under the provisions of Rule 41.01, Tenn.R.Civ.P., in the face of the resistance of his adversary.

The Chancellor, apparently pitching his decision on the age and infirmity of one of the parties defendant, held that a nonsuit would be prejudicial and “disallowed” the same. On the same day, when plaintiffs did not come into court to prosecute their action, he dismissed the complaint with prejudice.

We reverse.

As we held in Stewart v.…