Sackett v. Mitchell

This is a suit in equity to foreclose a mortgage. On trial, to avoid a failure of proof of the allegations of their complaint, as pleaded, plaintiffs moved for leave to file an amended complaint. The trial court denied that motion, but with leave for plaintiffs to move for a dismissal without prejudice, so as to permit plaintiffs to refile a new complaint. That motion was then made by plaintiffs and allowed.

Before the entry of the written decree, defendant moved for allowance of attorney fees. Plaintiffs also apparently discovered that they might have difficulty in obtaining service of a new…