American Steel & Wire Co. v. Mayer & Englund Co.
District Court, S.D. New York
In Equity. On complainant’s motion for an order dismissing the-bill, with costs to, defendant to be taxed.
1Opinion of the Court
PLATT, District Judge.
Upon complainant’s motion for an order-dismissing the bill herein, with costs to the defendant to be taxed. It is firmly settled in the federal courts that the complainant has a. right to move to dismiss the bill, paying the taxable costs, except in three instances: (1) When there has been a hearing, or a decree entered ; (2) when the defendant asks or deserves affirmative relief; (3) when the dismissal will deprive the defendant of some substantial right which has accrued since the suit was brought. Exceptions 1 and 2 are-*205eliminated by an examination of the record.…
2Cited by7 opinions
- Morton Trust Co. v. KeithU.S. Circuit Court for the District of Massachusetts · 1907
- Mistretta v. S.S. Ocean EvelynDistrict Court, E.D. New York · 1966
- Young v. J. Samuels & Bro., Inc.District Court, D. Rhode Island · 1916
- Palmer v. Delaware, L. & W. R.District Court, N.D. New York · 1915
- Hills v. Federal Optical Co.District Court, D. Massachusetts · 1923
2 more not listed; retrieve them via the Exa API.