Spence v. Dyal

Candler, Justice.

1. “The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if he shall not thereby prejudice any right of the defendant. . . After a plea of set-off or otherwise shall have been filed, the plaintiff may not dismiss his action so as to interfere with said plea, unless by leave of the court on sufficient cause shown, and on terms prescribed by the court.” Code, § 3-510.

2. “The dismissal of a bill in equity carries the whole case out of court, including the answer of defendant thereto, if said answer contain no set-off or other prayer…