State v. Workman

Decisions of the Nebraska Court of Appeals STATE v. WORKMAN 223 Cite as

22 Neb. App. 223

(1928) (stating that under identical statutory language, plaintiff may dismiss his action as matter of right before final submis- sion if it does not prejudice defendant). The Halford court ultimately concluded that the plaintiff had a right to dismiss its case because it would not result in the loss of a substan- tial right of the defendant because he had not filed a setoff or counterclaim. Based upon the facts of this case, the Sartains no longer had an absolute right to dismiss without prejudice because…