Huske v. United States

Plaintiff obtained a judgment in this court June 11, 1906. Two days thereafter defendants made a motion for new trial and soon thereafter this motion of the defendants was allowed. Afterwards, March 5,190?, claimant, entered a motion to discontinue the cause, but almost contemporaneously (next day) defendants filed a counterclaim much in excess of the judgment which had been obtained by the claimant. March 7, 1907, the court overruled the claimant’s motion to discontinue. .

*37The present motion on the part of the plaintiff is to set aside the order of the court overruling the previous motion of…