Nantahala Power & Light Co. v. Whiting Manufacturing Co.

The single question presented by this appeal is whether petitioners in a condemnation proceeding, after commissioners have made their appraisal and report, and exceptions are filed, but before confirmation, can submit to a voluntary nonsuit and abandon the proceeding.

In civil actions, the right of the plaintiff to submit to a voluntary nonsuit is unquestioned, where no counterclaim is set up in the answer and no rights have accrued.

At common law a voluntary nonsuit was an abandonment of the cause by a plaintiff who allowed judgment for costs to be entered against him by absenting himself or…