Gainsboro v. Hermanson

After a new trial had been ordered by this division, [1936 A. D. R. 114], the plaintiff filed a discontinuance of the action, without leave of court. On motion of the defendant, that discontinuance was stricken from the record.* That order alone is reported. No rulings were asked or made in connection with it. The report says noth*259ing about tbe reasons which led to that action by the court. If, assuming the order reportable or reviewable at all, the judge had any discretion in the matter, his action must be deemed a proper exercise of that discretion. All that is left is the naked question of…