Goldstein v. Klivans, Inc.

We are of opinion that the motion of defendant in error is not well taken and we will hereafter proceed to develop the reason therefor in conjunction with the merits of the matter at issue.

The motion of Klivans, Inc., as made in the trial court, was under favor of §11586 GC and this was a voluntary action upon its part and was an act which it had a perfect right to do under the statute and over which the court could have no control.

It is the view of this court that when the plaintiff by his voluntary aet dismissed his proceeding without prejudice and an entry thereof was made upon the court’s…