Kempton v. Burgess
Massachusetts Supreme Judicial Court
Bill in equity. Before the hearing on the merits, the plaintiff moved “ for leave to enter a discontinuance of said cause.” This motion was overruled; and a decree was ordered dismissing the bill, and that the defendant Burgess recover his taxable costs. The plaintiff appealed to the full court.
1Opinion of the CourtMorton, C. J.
In actions at law, the right of a plaintiff to become nonsuit, or to discontinue at any time before a trial is begun, is undoubted. Burbank v. Woodward, 124 Mass. 357. The same rule, in substance, prevails in suits in equity in which the plaintiff brings the bill for his sole benefit and no other person is interested in its maintenance.
In such cases, it is a matter of course to permit a plaintiff to dismiss his bill at any time before a hearing, upon payment of the costs. 1 Dan. Ch. Pl. & Pr. (5th Am. ed.) 790—792. Burras v. Looker, 4 Paige, 227. Cummins v. Bennett, 8 Paige, 79. Such an order…
2Cases cited3 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Burbank v. WoodwardMassachusetts Supreme Judicial Court · 1878
- Burras v. LookerNew York Court of Chancery · 1833
3Cited by22 opinions
- People Ex Rel. Waite v. BristowIllinois Supreme Court · 1945
- Keown v. KeownMassachusetts Supreme Judicial Court · 1918
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Hollingsworth & Vose Co. v. Foxborough Water Supply DistrictMassachusetts Supreme Judicial Court · 1898
- Boyle v. Building Inspector of MaldenMassachusetts Supreme Judicial Court · 1951
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