C. C. Julian Oil & Royalties Co. v. Capshaw

Two important questions are presented in the case at bar. The first, which I consider, is a matter of procedure. Should petitioner be permitted to dismiss his action? It is my view that this court's order denying petitioner's motion to dismiss is in excess of authority and an abuse of discretion.

2 R. C. L. 144, states the rule, par. 144:

"According to the great weight of authority an appellant or plaintiff in error may dismiss his appeal or writ of error without regard to the consent of the appellee or defendant in error. * * * The appellant has even been allowed to dismiss his appeal after…