Saykaly v. Manchester

The right of a plaintiff to a voluntary dismissal prior to a hearing on the merits is not open to question in this state. Webster v. Bridgewater, 63 N. H. 296; Leonard v. Fahey, 87 N. H. 170, 171; Judge of Probate v. Abbot, 13 N. H. 21. At the time that the plaintiff submitted his motion to dismiss the petition without prejudice, the case had been reopened and no final decree had been made. At this stage of the proceedings the plaintiff could not dismiss the petition without prejudice as a matter of right but it could be dismissed only in the legally reviewable discretion of the Trial Judge.…