Fisher v. Eckert

This is an appeal by defendant Stanley R. Eckert, et al., from an order striking plaintiffs’ memoranda of costs and disbursements and releasing a cash bond deposited to secure such costs. ,

Plaintiff brought an action against defendants for personal injuries in March, 1948, and defendants answered. On October 18, trial was commenced before a jury and several witnesses were sworn and examined. On October 20, when counsel were all present, counsel for plaintiffs, who had previously signed a dismissal of the action, filed it with the clerk and the trial judge excused the jury.

The dismissal was…