Ahlo v. Bolte

OPINION OF THE COURT BY

PERRY, J.

This suit was instituted in August, 1902, the answer was filed the following month and a replication thereto on February 25, 1903. On February 24, 1903, the complainant filed a discontinuance reading, “Plaintiff discontinues the above suit,” and at the same time moved for a decree dismissing the bill without prejudice, stating that that course was followed because he believed it to be to his best interests to seek a remedy at law. Respondents thereupon, on the same day, moved for a decree dismissing the bill with 'prejudice, basing such motion upon an affidavit…