Baxter &C. Co. v. Public Service Company

As recently as in the case of Saykaly v. Manchester, 97 N. H. 4, 5, our court said, “The right of a plaintiff to a voluntary dismissal prior to a hearing on the merits is not open to question in this state.” The defendant in its brief concedes this to be so but argues that because a demurrer had been filed and a hearing held upon it, though not decided, the plaintiff should not be permitted to dismiss except within the Court’s discretion. It also argues that no discretion was exercised but the motion to dismiss was granted as a matter of law. Finally the defendant claims that to dismiss in…