McConnell v. Brown

This was a complaint for the foreclosure of a mortgage, filed by the appellee against the appellant. At the proper time, the appellant appeared in open court and filed a motion to dismiss the action, because an order had been received from the plaintiff) directing his attorney to dismiss the suit at the defendant’s costs. The defendant declared himself ready to pay the costs, and prayed that the cause might be dismissed; to which the plaintiff) by his attorney, objected. The objection was sustained, and the *385motion to dismiss overruled. The appellant excepted to the action of the court in…