Miller v. Harris

The single issue in this case is whether a voluntary dismissal by the plaintiff of a previous action founded upon the same facts as in the present case, i.e., the identical cause of action, is res judicata of the present cause, or whether the dismissal of the previous action comes within the purview of section 25-601, R. R. S. 1943, which permits the plaintiff to dismiss his action without prejudice “before the final submission of the case to the jury, or to the court where trial is by the court.”

The question arises under the following facts. Plaintiff, in the previous action, sued to recover…