Rumph v. Rister

Mobley, Justice.

1. Where, as here, counsel for the petitioners stated in his brief that, on January 25, 1954, the trial court sustained a general demurrer to the defendant’s petition, to which there was no exception, which assertion was admitted in the brief of counsel for the defendant, it will be considered by this court that the trial court dismissed the defendant’s cross-petition on the above date, thus leaving only the plaintiffs’ petition pending in the trial court.

2. “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if he shall not…