Rode v. Sealtite Insulation Manufacturing Corp.

Defendant’s first contention is that the trial court erred in denying its motion before trial to dismiss the action without prejudice. The ground of the motion was that plaintiffs’ then attorney had been attorney for defendant some nine years earlier in an action when another plaintiff had brought similar injunction proceedings against this same defendant, and it is improper now for counsel to serve in a contrary capacity.

When the motion was heard plaintiffs submitted their counsel’s discontinuance as such attorney and his and their consent to the substitution of a different attorney not…