Huffstutler v. Louisville Packing Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Louisville Packing Company against Hamilton H. Huffstutler. From' a judgment granting a motion of plaintiff to dismiss the suit, defendant appeals. Defendant interposed as a defense to the suit a counterclaim by way of set-off and recoupment.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the Louisville Packing Company against Hamilton H. Huffstutler. From' a judgment granting a motion of plaintiff to dismiss the suit, defendant appeals. Defendant interposed as a defense to the suit a counterclaim by way of set-off and recoupment. After the plaintiff had made out its case, which was not denied by the defendant, and after-the defendant had introduced evidence of his counterclaim or set-off, the plaintiff offered to take a nonsuit, with bill of exceptions. The court refused to allow the plaintiff to…
1Opinion of the CourtAnderson, J.
The general rule is, where the plaintiff has instituted a civil action, he has the right to dismiss or discontinue at his own cost at any time before verdict. This practice'has been adopted, even in those cases where the defendant has pleaded a set-off and in*293troduced. evidence to sustain it.- — Griel v. Loftin, 65 Ala. 591; Branham v. Brown’s Adm’x, 1 Bailey (S. C.) 262; Cummings v. Pruden, 11 Mass. 206; Waterman on Set-Off, 659, 660; Breese v. Allen, 12 Ind. 426; Moore v. Bres, 18 La. Ann. 483.
It is insisted by counsel for the appellant that the rule above declared is merely applicable to…
2Cases cited12 opinions
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Egery v. PowerTexas Supreme Court · 1851
- Walcott v. HendrickTexas Supreme Court · 1851
- Cummings v. PrudenMassachusetts Supreme Judicial Court · 1814
- Van Alen v. SchermerhornNew York Supreme Court · 1856
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3Cited by10 opinions
- Schintzuis v. . Lackawanna Steel Co.New York Court of Appeals · 1918
- Pure Milk Co. v. SalterSupreme Court of Alabama · 1932
- Sheffield Oil Mill v. PoolSupreme Court of Alabama · 1910
- Williams v. StateSupreme Court of Florida · 1932
- Davis v. EvansSupreme Court of Alabama · 1954
5 more not listed; retrieve them via the Exa API.