Obermeier v. Milwaukee Electric Railway & Light Co.

Plaintiff asserts that she had an absolute right to dismiss her action against the defendant during the trial thereof and at any time before the argument to the jury had been concluded and cites sec. 2856, Stats., reading as follows:

“The plaintiff shall have no right to submit to a nonsuit after the argument of the cause to the jury upon the testimony shall have been concluded or waived.”

This provision first appears in the Revised Statutes of 1878 under the same section number. Prior to that time it seems to have been the circuit court rule. Taylor’s Revision of 1871, p. 2015.

It is argued…