Swygert v. Swygert

PARKER, Judge.

Plaintiff first assigns error to the court’s dismissal with prejudice of her claims for alimony. She contends that the court erred in refusing to allow her to dismiss her suit voluntarily prior to the hearing on the merits. We find no error. G.S. 1A-1, Rule 41(a)(1) provides that a plaintiff may dismiss his action voluntarily without order of court “by filing a notice of dismissal at any time before the plaintiff rests his ease.” Under the practice prior to the adoption of Rule 41(a)(1), the plaintiff had the right to take a voluntary nonsuit at any time before the verdict was…