Partee v. Goldberg

The question presented in this case is whether, after an answer has been filed as a cross bill, and has been replied to, and proof taken on the issues presented by the original and cross *665bill, the complainant has the right to dismiss his original bill and take with such dismissal the cross bill, and thus terminate the controversy raised by it.

It appears that complainants dismissed, the original bill, and afterwards, at the same term, defendants were permitted to have the case reinstated on the docket for the determination of the matters arising under the cross bill. The cause was then heard…