McAllister v. Watson

Motion by plaintiff to reargue motion by defendant, made at the trial at the end of plaintiff’s case, to dismiss the complaint on the ground of a defect of parties, granted. The court in disposing of defendant’s above motion dismissed the complaint but added “ without prejudice.” Plaintiff on this motion to reargue urges that the court should have denied defendant’s motion to dismiss. He cites section 192 of the Civil Practice Act, rule 102 of the Rules of Civil Practice and several decisions which support the principle that a pleading should not be dismissed by reason of a defect of…