The Carbone v. F. Nat. Bank, Jersey City

The defendant, on July 22d 1941, served formal notice on the complainant that it would apply to the court on July 28th, 1941, to strike the bill of complaint upon the following grounds: (1) That it failed to set forth an equitable cause of action; (2) that complainant has a complete and adequate remedy at law. Subsequently, on July 24th, 1941, complainant's solicitors gave the solicitor of the defendant written notice that on July 28th, 1941, they would apply to the court for leave to voluntarily dismiss the bill of complaint without prejudice.

The facts as asserted in the bill and affidavits…