Hospital Authority v. Gray

Pannell, Judge,

concurring specially. 1. I concur in the result reached by the majority opinion, that is, that the cross claim of the hospital against Dr. Gray was effectively dismissed by the dismissal of the main case, even if it were not dismissed by the dismissal of the hospital as a party defendant. The Code of 1910 (§ 5548) provided: "A petitioner may dismiss his petition at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant. If claims by way of set-off or otherwise have been set up by the answer, the dismissal of the petition shall not…