Reagan v. Dyrenforth

Being nnable to bring’ my views into accord with those of my brethren, the reasons that impel me to dissent will be stated.

1. The plaintiffs filed a praecipe for the dismissal of the Gunnison county suit without prejudice, as stated in the majority opinion, and the record shows that the suit was dismissed. Such dismissal was not a bar to the present action.

2. The plaintiffs had an absolute right to dismiss the suit, having paid the costs and no counterclaim having been filed. Code of Civil Procedure, §184. "When one has such absolute right, his reasons for dismissing are immaterial. In re…