Davenport v. Hardman

I-Tutoheson, Justice.

1. “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if he shall not thereby prejudice any right of the defendant; and if done in term time, the clerk or justice of the peace shall enter such dismissal on the docket. After a plea of set-off or otherwise shall have been filed, the plaintiff may not dismiss his action so as to interfere with said plea, unless by leave of the court on sufficient ca'use shown, and on terms prescribed by the court.” Code, § 3-510 (1910, §§ 4348, 5548, 5627). Where the answer of the defendant is…