Davis v. Evans

I cannot agree that the judgment of the trial court dismissing appellant’s pleas of recoupment should be reversed.

It is settled by our decisions that a plaintiff has the right to dismiss or discontinue a civil suit which he has filed on the law side at his own cost at any time before verdict. Griel v. Loftin, 65 Ala. 591; McAbee v. Parker, 83 Ala. 169, 3 So. 521; Huffstutler v. Louisville Packing Co., 154 Ala. 291, 45 So. 418, 15 L.R.A.,N.S., 340; Pure Milk Co. v. Salter, 224 Ala. 417, 140 So. 386. And in § 258, Title 7, Code 1940, it is provided: “The plaintiff may dismiss his suit at any…