Wilson v. Matthews

Deen, Judge.

Prior to the Civil Practice Act a plaintiff might always exercise his right of voluntary dismissal prior to verdict even though the action had been tried, a motion for directed verdict had been made by his opponent, and the trial court had orally announced his intention of granting it. Cowart v. Atlanta, B. & C. R. Co., 58 Ga. App. 466 (198 SE 795). The cases sub judice show an identical fact situation, but the appellants who moved for directed verdicts contend that under present practice the plaintiff may not, at this stage of the proceedings, voluntarily dismiss and thus…