White v. National Bondholders Corp.

Motion granted. In the absence of special circumstances a defendant cannot compel the plaintiff to prosecute an action against his will; it is only when substantial rights of a defendant have accrued that the court will refuse plaintiff a discontinuance of the action. This rule is well established.

Where a counterclaim is interposed, the court will decline to permit a discontinuance and will continue the action to enable the defendant to prosecute the counterclaim and obtain an adjudication thereof; likewise, where a defense is pleaded, the determination of which involves substantial rights.

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