Metcalf v. McGuinn

ARNOLD, Judge.

Respondents contend that the trial judge erred in allowing petitioner to take a voluntary dismissal as to part of his petition to establish the true boundary line between his land and that of respondents. Petitioner made the motion for voluntary dismissal prior to trial in Superior Court but after the jury had been impaneled. His motion followed a motion by respondents to dismiss his petition for failure to join necessary parties, other landowners along the disputed line. Petitioner’s motion asked for voluntary dismissal as to the portion of the line bounding the northwest…