Spellacy v. Superior Court

This is a proceeding in prohibition to restrain respondents from proceeding further with the trial of a minority stockholders’ suit, petitioner claiming to have dismissed the action under his absolute right to do so, pursuant to subdivision 1, section 581, Code of Civil Procedure, to wit: “An action may be dismissed, or a judgment of nonsuit entered, in the following cases: 1. By the plaintiff, by written request to the clerk, filed with the papers in the case ... at any time before the trial, upon payment of the costs of the clerk or justice; provided that a counterclaim has not been set up,…