Allied Chemical & Dye Corp. v. Steel & Tube Co. of America

The Chancellor.

The complainants’ motion to dismiss the bill without prejudice will be considered as though the amended answer and cross-bill had been duly filed in pursuance of leave. This is the setting most adverse to the complainants in which to *371place their motion. But even so, I think the motion must be granted for the reasons which follow.

“A plaintiff,” says Daniell in the fourth edition of his work on Chancery Pleading and Practice, vol. 1, p. 792, “may in general obtain an order to dismiss his own bill, with costs, as a matter of course, at any time before decree.” Mr. Chief Justice…