Merino v. City of New York Fire Insurance

DISSENTING 'OPINION

OP MB. JUSTICE WOLE.

As sufficiently appears from the majority opinion, the original judgment against the complainant in this case was rendered at his own solicitation and with his own consent; he was relieved from paying costs and the defendant paid its own costs. This constituted a retraxit and put an end to the litigation. Our Code of Civil Procedure has been taken from California and the principle of retraxit is recognized there under the code. Stoutenborough v. Bd. Education, 104 Cal. 664; Merritt v. Campbell, 47 Cal. 542; Crossman v. Davis, 79 Cal. 603; Hibernia…