Dumesnil v. City of Louisville

Opinion by

Judge Pryor:

In this case, at a subsequent term from that at which the judgment was rendered, the plaintiff in the court below (appellee) came into court, and on its own motion dismissed the action without prejudice, and permitted a judgment for costs to be entered for the appellants. Whether this power existed so as to prejudice the rights of the appellants it is not necessary to determine. It is certain, in a judgment settling the rights of the p'arties, that a plaintiff in an action would have no right to have an order disturbing the final adjudication, without the consent of the…