Burnett v. Burnett

Appeal from an order dismissing with prejudice an action for divorce.

Appellant having sued on the ground of mental cruelty, called respondent as witness, and after the latter had testified and certain documentary evidence had been received, rested. Appellant having testified on behalf of respondent and sundry exhibits having been introduced by the latter the trial was continued to the next day. After a discussion in chambers the following colloquy took place in open court:

“Mr. Oster: At this time, if it please the court, plaintiff moves to dismiss the action without prejudice.

“Mr. Welpton :…