Riley v. Dunbar

Plaintiffs, as unit holders of a trust, brought an action “on behalf of themselves and all other beneficiaries of the Bell View Oil Syndicate” against the trustees, seeking an accounting and the recovery of money allegedly improperly expended. Issues of fact were joined, trial was entered upon and evidence received. During an overnight recess the plaintiffs filed with the clerk a direction to enter dismissal of the action. After the recess and such attempted dismissal trial was resumed despite the absence of counsel for plaintiffs, defendants’ motion for vacation of the dismissal ivas…