Adams v. Osgood

Ryan, 0.

It is admitted by both parties to the present controversy that this action, under conditions differing somewhat from those now presented, was considered in Adams v. Osgood, 42 Neb. 450. When the case was remanded, Adams, the original plaintiff, with leave of court, dismissed as to the cause of action set up in his petition. As this was before the final submission it was but the exercise of a right given by statute. (Code of Civil Procedure, sec. 430.) This dismissal, however, did not affect the right of the defendant to proceed to the trial of his claim. (Code of Civil Procedure, sec.…