American Gas Machine Co. Inc. v. Voorhees

Peterson, Justice.

In March, 1937, respondent sued Voorhees and others for damages caused by defendants during a “sit-down” strike and to enjoin certain conduct of the strikers. A temporary restraining order was issued on March 27, 1937, and was renewed and extended on various dates between that time and August 9, 1937. On August 9 defendants moved to dismiss the action upon the grounds that conditions alleged in the complaint no longer existed and “for the further reason that said plaintiff has expressly agreed to dismiss said action.” Respondent objected to dismissal, claiming that the…