Glazer v. Silber

This case involves the construction of Michigan Court Rule No 38 (1945). The precise question is whether, as claimed by the plaintiff, he should have been allowed a voluntary nonsuit of his case without prejudice, instead of the dismissal with prejudice ordered by the lower court.

Plaintiff, an attorney, sued the defendants in the common pleas court of Detroit for legal services. After service of process, answers to the declaration were filed by tbe defendants, tbe case was set for trial, and the plaintiff retained counsel to represent him in tbe trial. On tbe day before tbe date set for trial…